Porterfield v. State

Bell, Chief Judge.

The appellant and Douglas Woodall were jointly indicted for violating the Georgia Controlled Substances Act. At a separate trial, this appellant was convicted. Held:

1. At trial the out-of-court statements made by the co-indictee Woodall were admitted over the objection that the statements were hearsay; and that the statements made by a co-conspirator during the pendency of the conspiracy are inadmissible where, as here, the defendant was not also indicted for the crime of conspiracy under Code § 26-3201. Code § 38-306 provides: "After the fact of conspiracy shall be proved,…