Martin v. State

Townsend, Judge.

Error is assigned on the rejection of testimony by three witnesses that after the injured had been conveyed to the hospital, at a period of time some thirty minutes or so after the collision, Gerald Carnes, who thought his unconscious companion was in fact dead, said, “I killed Cecil.” Carnes was not offered on the trial as a witness by either side, nor was his absence explained. It is, however, a general rule that testimony of a witness that he heard another confess to the crime is inadmissible as hearsay (Daniel v. State, 65 Ga. 199 (1); Robinson v. State, 114 Ga. 445 (2),…