King v. State

I concur in the affirmance of King’s conviction. I do not, however, concur in the implication of Chief Judge Buchanan’s lead opinion that Officer Hurlock’s testimony concerning a telephone call between Smith and King was not hearsay. (See particularly Footnote 9 at page-.) The majority’s emphasis on Bean v. State (1978) Ind., 371 N.E.2d 713 and Walker v. State (1976) 265 Ind. 8, 349 N.E.2d 161, cert. den. 429 U.S. 943, 97 S.Ct. 363, 50 L.Ed.2d 313, may mislead the unwary reader. Both cases are inapplicable to the extent that they are relied upon to implicate King through hearsay.

In Bean,…