Godfrey v. State

258 Ga. 28 (1988)

365 S.E.2d 93

GODFREY

v.

THE STATE.

44786.

Supreme Court of Georgia.

Decided February 18, 1988.

Reconsideration Denied March 2, 1988.

William L. Reilly, for appellant.

Roger G. Queen, District Attorney, for appellee.

GREGORY, Justice.

Earl Godfrey was convicted of the offense of aggravated sodomy. We granted certiorari to consider whether the mother's testimony concerning statements made by the victim while asleep was admissible under OCGA § 24-3-16. Godfrey v. State, 183 Ga. App. 183 (358 SE2d 264) (1987). We reverse.

Appellant contends the trial court erred in allowing hearsay…