Brinson v. State

Judge John W. Sognier.

Appellant was tried before a jury and found guilty of burglary and aggravated sodomy. He appeals from the judgments of conviction and sentences entered by the trial court on the jury’s verdicts of guilt.

1. Over appellant’s hearsay objection, the investigating officer was permitted to relate the victim’s description of her assailant, given to the officer ten or fifteen minutes after the victim had been taken to the hospital. The trial court’s evidentiary ruling that her description came within the res gestae exception to the hearsay rule is enumerated as error.

This…