Godfrey v. State

Gregory, Justice.

Earl Godfrey was convicted of the offense of aggravated sodomy. We granted certiorari to consider whether the mother’s testimony concerning statements made by the victim while asleep was admissible under OCGA § 24-3-16. Godfrey v. State, 183 Ga. App. 183 (358 SE2d 264) (1987). We reverse.

Appellant contends the trial court erred in allowing hearsay testimony by the mother of statements the child made while asleep. Specifically, the mother testified that, while asleep, the child “. . . was begging Earl not to pull his pants down and he told Earl not to do it, they were supposed…