Hearsay is that which does not derive its value solely from the credit of the witness who is testifying, but rests mainly on the truthfulness and competency of other persons. O.C.G.A. § 24-3-1; Hammock v. State, 311 Ga. App. 344 (2011); O.C.G.A. §§ 24-8- 801- 24-8-825.
Hearsay generally relates to an out of court statement by someone other than the witness. McClain v. State, 311 Ga. App. 750 (2011); Blunt v. State, 275 Ga. App. 409 (2005). The jury is asked to assume that the out of court person who made the statement was not lying or mistaken when the statement was made. Hammock v. State, 311 Ga. App. 344 (2011); Diaz v. State, 275 Ga. App. 557
(2005).
When a witness testifies to what he told another person, it is not hearsay. English v. State, 288 Ga. App. 436 (2007). Also, anything seen or heard by the witness in the presence of the defendant is admissible and does not constitute hearsay. Lewis v. State, 311 Ga. App. 54 (2011). Further, what the defendant said is not considered hearsay and is admissible in the prosecution's case through the testimony of anyone who heard the statement. Dukes v. State, 290 Ga. 486 (2012); Austin v. State, 286 Ga. App. 149 (2007).
Subject to certain exceptions, hearsay testimony is not admissible during a criminal trial. Further, hearsay has no probative value, and even its introduction without objection does not give it any weight or force whatsoever in establishing a fact. Cabrera v. State, 303 Ga. App. 646 (2010). This rule will be changed by the new evidence code. Hearsay that is not objected to will be considered legal evidence. O.C.G.A. § 24-8-802.