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Dennis v. State

The conspirator exception to the hearsay rule was inapplicable in this case, because that exception works to bring in evidence against conspirators and not to admit exculpatory evidence.

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James Henry Dennis appeals from his forgery conviction and contends in his sole enumeration of error that the trial court erred by excluding evidence of a statement made by his co-defendant, Daniel Denmore. We find no merit in this contention and affirm. The record shows that Dennis cashed a check written to him on the account of his female roommate, who testified that she never wrote or signed the check. Before deciding whether he would testify, Dennis sought a ruling from the trial court on the admissibility of a statement made by his absent co-defendant, Denmore. Specifically, Dennis sought to testify that Denmore told Dennis that the female roommate had changed her mind about paying him and pointed out a check on the kitchen counter written to Dennis. Dennis’s counsel asserted the statement was admissible under the conspirator exception to the hearsay rule. The State asserted a hearsay objection, and the trial court requested authority from Dennis’s counsel on the conspirator exception to the hearsay rule. After a discussion of only this exception to the hearsay rule, the trial court found that Denmore’s statements were inadmissible hearsay.

On appeal, Dennis asserts that the trial court erred because the statement was admissible both as original evidence to explain his conduct and under the conspirator exception to the hearsay rule.

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