Gayer v. State Indiana

On Rehearing In his petition for rehearing, appellant has attacked the court's opinion wherein it stated that hearsay evidence of an uncontested fact admitted over objection is harmless when there is no conflict in the evidence. Appellant argues that there was a conflict since his main defense in this case was that Burkee Hill was injured from a fall rather than being beaten. Appellant took the witness stand on his own behalf and was the only one to testify in his defense. He stated that he did not strike, kick or beat Burkee Hill. This, of course, supplemented his plea of not guilty. The jury chose not to believe him. Tait v. State (1963), 244 Ind. 35, 45, 188 N.E.2d 537. The only other witness relied upon was a physician called by the State who testified as to Burkee Hill's injuries following an examination. On cross-examination, he said that the bruises which he had described on Burkee Hill's back could have possibly occurred from a fall. Appellant complains that a police officer's statement in the trial was hearsay evidence and so prejudicial as to constitute fatal error on the part of the court when it was admitted in evidence over objection and motion to strike. The officer had been called to the scene of the trouble. The following colloquy took place: