Davis v. State

STONE, Judge.

We reverse the defendant’s robbery conviction. The state called a witness at trial who had been convicted as an accessory after the fact to the robbery. The witness’ only testimony was that he had no knowledge about the crime and could not remember the events in question. The court declared the witness hostile. The state was then permitted to introduce evidence of a prior out-of-court statement by the witness, in which he had stated to the police that he had driven the defendant to the scene of the crime. In that statement the witness said that the defendant told him about the…