R. D. v. State
R. D. v. State
Opinion of the Court
1. The juvenile court judge at a delinquency hearing sustained three seriatim hearsay objections to testimony of a deputy sheriff who was attempting to state what he had been told in explanation of why he went to investigate the building in question, and instructed the witness to state only what action he took as a result of the conversations. To the next question: "And as a result of your conversation did you then take any further action ...” the witness began by replying: "I was told that the person was R. . . D. . . that entered the building.” Yet another objection followed and the court ruled: "I accept it for the sole purpose of explaining the officer’s conduct, not for the truth or falsehood. . . I recognize that this is hearsay and cannot be considered for that purpose.”
No reversible error is shown. Another ruling would be indicated if this were a jury case, but the court flatly stated he was rejecting all such testimony insofar as the truth of the facts stated was concerned. The ruling was proper under Code § 38-302. We need not go the presumption stated in Ingram v. State, 134 Ga. App. 935 (216 SE2d 608), that the court sitting without a jury considers only the legal evidence adduced, because here he definitely stated he was limiting his consideration to explanation of conduct, which was proper. In view of the explanation, no error appears.
2. R. D. was apprehended after one witness, who saw
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.