Is a Statement About ''Intention to Kill Someone'' During Conversation With a Friend Admissible ?
In Demons v. State, 277 Ga. 724, 595 S.E.2d 76 (2004), the Georgia Supreme Court considered whether statements admitted under the necessity exception and the res gestae exception to the hearsay rule violated Crawford.
The court found that the "necessity" statement in which the murder victim told a co-worker that the defendant was going to kill him, was not testimonial "as it was made in a conversation with a friend, before the commission of any crime." Demons, 277 Ga. at 727-28.
The court similarly found that the "res gestae" statement in which the murder victim told a different co-worker that the defendant was going to kill him was not "testimonial" under Crawford. Demons. 277 Ga. at 728-29.