Hannah v. State

Smith, Judge.

We must reverse Hannah’s armed robbery conviction for the reason that the confession of a co-defendant, who did not testify at the trial, was improperly admitted against Hannah, denying him his Sixth Amendment Right to confrontation. Porter v. State, 143 Ga. App. 640 (3) (239 SE2d 694) (1977). The confession was a custodial, post-arrest statement identifying Hannah and his role in the alleged robbery. The state, citing Bennett v. State, 231 Ga. 458 (202 SE2d 99) (1973), contends the confession was made during the concealment stage of a conspiracy and thus was admissible hearsay.…