Burke v. State

Deen, Presiding Judge.

Johnny and Tommy Burke appeal from their convictions of armed robbery.

1. Appellants contend that the trial court erred in permitting the district attorney to testify as to hearsay evidence which was extremely damaging to them. The transcript reveals that Mary Hurt, one of their witnesses, testified that she did not see anything happen to the victim. On cross-examination, after the time, place, and circumstances of her previous statement were brought to her attention, she denied telling the district attorney that she saw the victim being beaten by the Burke brothers. The…