Palmer v. State

COBB; Judge.

The defendant, Colton Wayne Palmer, was charged with the theft of an outboard motor. The state’s case was dependent upon the validity of a warrantless search of the premises of Palmer’s home, based on the verbal consent given by Palmer’s wife to an investigating detective, Walter Perkins. Perkins discovered the stolen motor under a tarpaulin at the rear of the residence.

At trial the defense objected to Perkins’ proffered testimony concerning the consent to search, contending it was hearsay. Mrs. Palmer was not available as a witness for trial. Perkins, however, testified that he…