State v. Graham

PARKER, Judge.

On direct examination, defendant testified that when the officers came they took him to the Law Enforcement Center where he talked to Officer Cook. Defendant’s counsel then asked him what he had told Cook. Objection by the State was sustained, to which ruling defendant now assigns error. We find no prejudicial error. The excluded testimony would not have been admissible as substantive proof in the defendant’s favor. “What a party says exculpatory of himself after the offense was committed, and not part of the res gestae, is not evidence for him. Otherwise, he might make evidence…