Georgia Court Of Appeals, (November 01, 1977)
Docket number: 54870
SUBMITTED
BELL, Chief Judge. - SUBMITTED
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http://vlex.com/vid/truman-v-the-state-20473962
Id. vLex: VLEX-20473962
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Judgment affirmed. McMurray and Smith, JJ., concur.

Supreme Court of Georgia - JOHNSON v. THE STATE., 235 Ga. 486, 220 S.E.2.d 448 (1975)
Supreme Court of Georgia - PERSON v. THE STATE., 235 Ga. 814, 221 S.E.2.d 587
Supreme Court of Georgia - DEPALMA v. THE STATE., 228 Ga. 272, 185 S.E.2.d 53 (1971)
Supreme Court of Georgia - YARN v. THE STATE., 265 Ga. 787, 462 S.E.2.d 359 (1995)
Defendant was convicted of robbery by sudden snatching.The victim, while on a street in Augusta, was passed by two men, who turned and asked her for the time. The taller one wearing a long dark coat grabbed her pocketbook. Both individuals fled and the victim notified the police. A police officer shortly thereafter saw two subjects, one tall and one short, running toward Paine College from the direction of the crime scene. He stopped his car, identified himself as a police officer and the two resumed running. He called for assistance and the taller, the defendant, was finally apprehended. A police officer transported defendant back to the complainant. This officer testified, over a hearsay objection, that the victim stated in the defendant's presence that "It looks just like him only he had a long coat on." The long coat had been previously taken off by the defendant after he had been placed in the rear of the police car. Following advice as to his rights, the arresting officer obtained a statement from the defendant that he had been at the scene of the crime but that a person called Blackie had taken the purse after which both ran. He also stated that he was walking across Paine College when he saw Blackie throw the pocketbook on to the top of a building and hide the wallet inside a concrete block. The articles were recovered at the described locations. Defendant while testifying in his own behalf, identified the coat as his and admitted wearing it that night. The rest of his testimony was to the same effect as his out-of-court statement. Held:1. Defendant urges that the trial court erred in overruling his objection to the testimony of the police officer as to what the victim told him shortly after he arrested the defendant. However, the statements were admissible for two reasons. (1) It was admissible under Code 38-302 to explain conduct, for after this confrontation the police officer interrogated the defendant further and obtained an incriminating statement, and (2) as the statement was made in defendant's presence, it was not hearsay and was admissible. Hall v. State,
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