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Starks v. State10/13/1999
mplicit in the trial court's ruling allowing its admission. Id. The trial court did not err in admitting the similar transaction.
4. Over Starks's "continuing witness" objection, the trial court allowed the crime lab report to go out with the jury. We do not agree with Starks that this was error.
In Georgia, the "continuing witness" objection is based on the notion that written testimony is heard by the jury when read from the witness stand just as oral testimony is heard when given from the witness stand. But, it is unfair and places undue emphasis on written testimony for the writing to go out with the jury to be read again during deliberations, while oral testimony is received but once. (Citation and punctuation omitted.) Gough v. State, 236 Ga. App. 568, 569-570 (2) (512 SE2d 682) (1999).
It usually is applied to testimonial documentary evidence, such as affidavits and depositions. It has also been applied to written confessions, statements, and dying declarations. Buckner v. State, 219 Ga. App. 71, 74 (5) (464 SE2d 11) (1995). The lab report was admitted into evidence without objection, and the forensic chemist did not read the results into evidence. The trial court correctly ruled that the report was original evidence, not subject to the objection raised. The report was
direct evidence of the manner in which a scientific test was conducted and of the results thereby obtained. The proscription on the jury's possession of "written testimony" does not extend to documents which are themselves relevant and admissible as original documentary evidence in a case. (Citations and punctuation omitted.) Whiteley v. State, 188 Ga. App. 129, 132 (3) (372 SE2d 296) (1988).
5. Starks contends that his motion for a directed verdict of acquittal, made at the close of the State's evidence, should have been granted. He argues that no drugs were found at his residence, and no eyewitness existed to the alleged drug transaction with the exception of Wall, who was "thoroughly discredited and impeached," according to Starks. He also asserts that he offered a reasonable explanation for possessing the photocopied bills. We do not agree.
Not only was the drug transaction in question captured on a tape that was played for the jury, Wall identified Starks as the person who sold him crack cocaine. In addition, the three photocopied $20 bills that were found in Starks's pants and the search of Wall before and after the transaction rule out the possibility that he brought the drugs to the buy himself. Although the evidence was circumstantial, the State need not exclude every hypothesis save Starks's guilt; it need only exclude every reasonable hypothesis. Martin v. State, 228 Ga. App. 59, 61 (1) (491 SE2d 142) (1997). Contrary to Starks's assertion, the only explanation he offered for possessing the photocopied bills was that they were given to him by Wall in repayment of a loan. Contrary to Starks's assertion, it is not reasonable that Starks, who was disabled and on a fixed income, would lend money to persons he barely knew.
Starks's assertion that the forensic chemist could not state with certainty that the material tested was cocaine is belied by the record. The expert testified unequivocally that based upon the two tests he performed, the material contained cocaine.
The evidence did not demand a verdict of acquittal, and the trial court did not err in denying Starks's motion for a directed verdict.
Judgment affirmed. Pope, P. J., and Eldridge, J., concur.
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