Davis v. State

FARMER, Judge.

In this case we are required to reverse a conviction because of the admission of hearsay testimony of a police officer as to the description of a suspect given to him by the victim of the crime. The effect of this testimony was improperly to buttress the victim’s own inconsistent trial testimony as to his initial description of an intruder.

The victim testified that he was awakened in the early morning hours by a rustling noise from a table in his room. He testified that the light in his bedroom was off and that he was unable to see anyone at that time but that he jumped out of…