Rosser v. State

Smith, Judge.

Phillip Bernard Rosser a/k/a Rayvaris Anderson and a co-de fendant were convicted of trafficking in cocaine, OCGA § 16-13-31 (a) (1), as well as other charges. Rosser appeals following the denial of his motion for new trial. He asserts that the admission of certain hearsay statements offered by a State’s witness based on “necessity” violated his right to a fair trial and his right to confront the witnesses against him. We agree and reverse.

1. On February 22, 1991, Marietta-Cobb-Smyrna narcotics agent Robert Jones received information regarding illegal drug activity at a certain…