Momon v. State

Smith, Justice,

dissenting.

I respectfully dissent. Although I agree fully with the majority’s analysis of the hearsay issues in this case, I cannot agree that the admission of the disputed evidence was harmless error. In my view, it is unrealistic to contend, as does the'majority opinion, that it is “highly probable” that testimony by police officers describing a prior alleged rape by appellant did not influence the jury and contribute to the guilty verdict on the aggravated sodomy charge. Since the conviction was based in part on inadmissible hearsay, I would reverse.