# Momon v. State

> Supreme Court of Georgia · September 8, 1982 · 249 Ga. 865

URL: https://www.frixlaw.com/law-library/cases/9579337

## Case

- **Full name:** Momon v. the State
- **Court:** Supreme Court of Georgia
- **Decided:** September 8, 1982
- **Citations:** 249 Ga. 865; 294 S.E.2d 482; 1982 Ga. LEXIS 929
- **Precedential status:** Published
- **Opinion:** Dissent by Smith
- **Judges:** Hill, Jordan, Marshall, Smith
- **Cited by:** 169 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9579337

## How later opinions describe it (automated extraction)

- explaining “Code [section] 38-302 [predecessor to section 24-3-2] should be understood not as an exception to the rule against hearsay but as an explanation of what is not hearsay”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9579337. Public record. Not legal advice.