Law v. State , 251 Ga. 525 ( 1983 )

Weltner, Justice,

dissenting.

I dissent because I am concerned that the reasoning of the majority might in some other case result in an intentional frustration of the plain purpose of OCGA § 17-7-211 (Code Ann. 27-1303). If the result of a scientific procedure must be reduced to writing in order to be subject to discovery, then the statute may be ignored, with impunity, by the failure of the examiner to prepare a report.

It may be that the present case included exigent circumstances which made it unfeasible to grant a continuance for the purpose of providing to the defendant a written report and the statutory period of time for its examination. The record is silent as to that possiblility.

The better practice would be to require in cases such as this, where no written report exists, that one be prepared and submitted ten days prior to trial, unless the trial judge makes a finding of fact that to follow such procedure would frustrate the ends of justice, and would inflict no substantial harm upon the defendant.