Teague v. State, 314 S.E.2d 910 (Ga. 1984). · Go Syfert
Teague v. State, 314 S.E.2d 910 (Ga. 1984). Cases Citing This Book View Copy Cite
“at heart, a criminal prosecution is designed to find the truth of what a defendant did and, on occasion, of why he did it. it is most unusual that a prosecution will properly concern itself with why an investigating officer did something.”
371 citation events (90 in the last 25 years) across 6 distinct courts.
Strongest positive: Jones v. Basinger (ca7, 2011-03-31)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Jones v. Basinger (2×) also: Cited as authority (quoted)
7th Cir. · 2011 · quote attribution · 2 verbatim quotes · confidence high
at heart, a criminal prosecution is designed to find the truth of what a defendant did and, on occasion, of why he did it. it is most unusual that a prosecution will properly concern itself with why an investigating officer did something.
discussed Cited as authority (rule) Sullivan v. State (2×)
Ga. · 2021 · confidence medium
Specifically, citing Teague v. State, 252 Ga. 534, 536 (1) (314 SE2d 910) (1984), Appellant contends that Harris’s reasoning behind his decision to charge Appellant with murder is not relevant.3 3 Teague was decided under our old Evidence Code, but we have applied the same principle in cases decided under the current Evidence Code.
cited Cited as authority (rule) Davis v. State
Ga. · 2020 · confidence medium
Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984).
discussed Cited as authority (rule) Entwisle v. the State
Ga. Ct. App. · 2017 · confidence medium
(Punctuation omitted.) Teague v. State, 252 Ga. 534, 535 (1) ( 314 SE2d 910 ) (1984). 24 In its order denying Entwisle’s motion for new trial, the trial court concluded that Hizer’s testimony was cumulative of the investigating officer’s testimony regarding Carbonite .
discussed Cited as authority (rule) Toby T. Copeland v. State
Ga. Ct. App. · 2014 · confidence medium
As a result, questioning in this case was not a “trial by dossier” and did not suggest that the State concerned itself “with why an investigating officer did something.” See Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984).8 See also Foster v. State, 314 Ga. App. 642, 648 (2) ( 725 SE2d 777 ) (2012).
discussed Cited as authority (rule) Copeland v. State (2×)
Ga. Ct. App. · 2014 · confidence medium
As a result, questioning in this case was not a “trial by dossier” and did not suggest that the State concerned itself “with why an investigating officer did something.” See Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984). 8 See also Foster v. State, 314 Ga. App. 642, 648 (2) ( 725 SE2d 777 ) (2012).
discussed Cited as authority (rule) Smoot v. State
Ga. Ct. App. · 2012 · confidence medium
See, e.g., Weems v. State, 269 Ga. 577, 578-579 (2) ( 501 SE2d 806 ) (1998); Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984); Momon v. State, 249 Ga. 865, 867 ( 294 SE2d 482 ) (1982); Foster v. State, 314 Ga. App. 642, 646 (2) ( 725 SE2d 777 ) (2012); Doyal v. State, 287 Ga. App. 667, 669-670 (2) ( 653 SE2d 52 ) (2007); Collins v. State, 263 Ga. App. 601, 602 (1) ( 588 SE2d 799 ) (2003).
discussed Cited as authority (rule) Ebony Smoot v. State
Ga. Ct. App. · 2012 · confidence medium
See, e. g., Weems v. State, 269 Ga. 577, 578-579 (2) ( 501 SE2d 806 ) 8 (1998); Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984); Momon v. State, 249 Ga. 865, 867 ( 294 SE2d 482 ) (1982); Foster v. State, __ Ga. App. __ (2) (Case No. A11A2312, decided on March 7, 2012); Doyal v. State, 287 Ga. App. 667, 669-670 (2) ( 653 SE2d 52 ) (2007); Collins v. State, 263 Ga. App. 601, 602 (1) ( 588 SE2d 799 ) (2003).
discussed Cited as authority (rule) Strader v. Palladian Enterprises, LLC
Ga. Ct. App. · 2011 · signal: cf. · confidence medium
Cf. Teague v. State, 252 Ga. 534, 534 (1) ( 314 SE2d 910 ) (1984) (“[W]here the question is, whether the party acted prudently, wisely, or in good faith, the information[ ] on which he acted, whether true or false, is original and material evidence. . . .
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2011 · confidence medium
On the second point we must repeat again what our Supreme Court repeated in Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984): It will be seen that only in rare instances will the “conduct” of an investigating officer need to be “explained,” as in practically every case, the motive, intent, or state of mind of such an officer will not be “matters concerning which the truth must be found.” At heart, a criminal prosecution is designed to find the truth of what a defendant did, and, on occasion, of why he did it.
discussed Cited as authority (rule) Character v. State
Ga. · 2009 · confidence medium
The appeals were docketed in this Court on August 19, 2008, and the cases were subsequently submitted for decision on the briefs. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); OCGA § 16-2-20. 3 541 U. S. 36 (124 SC 1354, 158 LE2d 177) (2004). 4 Davis v. Washington, 547 U. S. 813, 822-828 (126 SC 2266, 165 LE2d 224) (2006); Smith v. State, 284 Ga. 304, 308 ( 667 SE2d 65 ) (2008); Miller v. State, 283 Ga. 412, 415, n. 9 ( 658 SE2d 765 ) (2008). 5 Slakman v. State, 272 Ga. 662, 667 ( 533 SE2d 383 ) (2000); Paul S. Milich, Georgia Rules of Evidence § 17.3, p. 349 (2d ed.…
discussed Cited as authority (rule) Thomas v. State (2×)
Ga. · 2008 · confidence medium
Even assuming arguendo that admission of Investigator Smith’s testimony was error, see generally Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984) (admission of the testimony of the investigating officer relating his conversation with a third party “for the limited purpose of explaining the officer’s conduct in the continuing investigation,” was error), such error was harmless.
discussed Cited as authority (rule) Doyal v. State (2×)
Ga. Ct. App. · 2007 · confidence medium
Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984).
discussed Cited as authority (rule) Haggins v. State
Ga. Ct. App. · 2006 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 Townsend v. State, 256 Ga. App. 837, 838 ( 570 SE2d 47 ) (2002). 2 Id. 3 See Allen v. State, 243 Ga. App. 730, 731 (1) ( 534 SE2d 190 ) (2000); Brown v. State, 175 Ga. App. 246, 247 (1) ( 333 SE2d 124 ) (1985). 4 Franks v. State, 268 Ga. 238, 239 ( 486 SE2d 594 ) (1997) (citation omitted). 5 See Jackson v. State, 270 Ga. 494, 497 (6) ( 512 SE2d 241 ) (1999); Zackery v. State, 262 Ga. App. 646, 649-650 (2) ( 586 SE2d 346 ) (2003); Pierce v. State, 255 Ga. App. 194, 196 (2) ( 564 SE2d 790 ) (2002). 6 See Franks, supra at 239-240 . 7 See id.; Zubiadul v. …
discussed Cited as authority (rule) Zachery v. State (2×)
Ga. Ct. App. · 2005 · confidence medium
Harris, supra, 279 Ga. at 525 (3); Teague v. State, 252 Ga. 534, 537 (2) ( 314 SE2d 910 ) (1984).
discussed Cited as authority (rule) Harris v. State (2×)
Ga. · 2005 · confidence medium
To prevent an overly broad interpretation of OCGA § 24-3-2, this Court has ruled the statute is applicable only when "the conduct and motives of the actor are matters concerning which the truth must be found (i.e., are relevant to the issues on trial)...." Momon v. State, 249 Ga. 865, 867 , 294 S.E.2d 482 (1982). "[O]nly in rare instances will the `conduct' of an investigating officer need to be `explained,' as in practically every case the motive, intent, or state of mind of such an officer will not be `matters concerning which the truth must be found.'" Teague v. State, 252 Ga. 534, 536 (1)…
cited Cited as authority (rule) Orr v. State
Ga. Ct. App. · 2003 · confidence medium
Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984).
discussed Cited as authority (rule) Britton v. State
Ga. Ct. App. · 2002 · confidence medium
Compare, e.g., McKenzie v. State, 271 Ga. 47, 49 (2) ( 518 SE2d 404 ) (1999); Teague, 252 Ga. at 537 (2) (admission of improper hearsay harmless where evidence was merely cumulative of other evidence). 2.
discussed Cited as authority (rule) Brown v. State
Ga. · 2001 · confidence medium
In Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984), this Court further expounded upon the principle discussed in Momon and held that only in rare instances will the conduct of an investigating officer need to be explained, reasoning that: in practically every case, the motive, intent, or state of mind of such an officer will not be “matters concerning which the truth must be found.” At heart, a criminal prosecution is designed to find the truth of what a defendant did, and, on occasion, of why he did it.
discussed Cited as authority (rule) White v. State
Ga. · 2001 · confidence medium
Momon v. State, 249 Ga., supra at 867. “[0]nly in rare instances will the ‘conduct’ of an investigating officer need to be ‘explained [.]’ ” Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984).
cited Cited as authority (rule) Middlebrooks v. State
Ga. Ct. App. · 2000 · confidence medium
Teague v. State, 252 Ga. 534, 537 (2) ( 314 SE2d 910 ) (1984).
cited Cited as authority (rule) McKenzie v. State
Ga. · 1999 · confidence medium
“Prosecutors and trial judges would be well advised to walk wide of error in the proffer and admission of [such] evidence. . . .” Teague v. State, 252 Ga. 534, 537 (3) ( 314 SE2d 910 ) (1984).
cited Cited as authority (rule) American Ass'n of Cab Companies, Inc. v. Olukoya
Ga. Ct. App. · 1998 · confidence medium
Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984).
discussed Cited as authority (rule) Weems v. State
Ga. · 1998 · confidence medium
OCGA § 24-3-2 authorizes the admission into evidence as original evidence “information, conversations, letters and replies, and similar evidence ... to explain conduct and ascertain motives. . . .” In Momon v. State, 249 Ga. 865, 867 ( 294 SE2d 482 ) (1982), this Court limited admission of such evidence to situations in which “the conduct and motives of the actor are matters concerning which the truth must be found (i.e., are relevant to the issues on trial). . . .” This Court reiterated the limitation on the admission of evidence pursuant to OCGA § 24-3-2 in Teague v. State, 252 Ga.…
cited Cited as authority (rule) McCord v. State
Ga. · 1997 · confidence medium
Teague v. State, 252 Ga. 534, 537 (2), 314 S.E.2d 910 (1984).
cited Cited as authority (rule) McCord v. State
Ga. · 1997 · confidence medium
Teague v. State, 252 Ga. 534, 537 (2) ( 314 SE2d 910 ) (1984).
discussed Cited as authority (rule) Williams v. State (2×)
Ga. · 1997 · confidence medium
The appeal was docketed in this Court on April 1,1997, and was submitted for decision without oral arguments on May 26, 1997. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 See OCGA § 24-3-2. 4 Render v. State, 267 Ga. 848, 849-850 (2) ( 483 SE2d 570 ) (1997); Teague v. State, 252 Ga. 534, 535 (1) ( 314 SE2d 910 ) (1984); Momon v. State, 249 Ga. 865, 867 ( 294 SE2d 482 ) (1982). 5 Teague, 252 Ga. at 537 (2); Howard v. State, 262 Ga. 78, 80 (5) ( 414 SE2d 198 ) (1992).
cited Cited as authority (rule) Arnold v. State
Ga. Ct. App. · 1997 · confidence medium
Teague v. State, 252 Ga. 534, 535 ( 314 SE2d 910 ); Momon v. State, 249 Ga. 865 ( 294 SE2d 482 ).
cited Cited as authority (rule) Render v. State
Ga. · 1997 · confidence medium
Teague v. State, 252 Ga. 534, 535 (1) ( 314 SE2d 910 ) (1984); Momon v. State, 249 Ga. 865, 867 ( 294 SE2d 482 ) (1982).
discussed Cited as authority (rule) Hardy v. State (2×)
Ga. Ct. App. · 1996 · confidence medium
That same test was applied to a nonconstitutional error in such cases as Barrett v. State, 263 Ga. 533, 535 (2), 436 S.E.2d 480 (1993), and Teague v. State, 252 Ga. 534, 537 (2), 314 S.E.2d 910 (1984), and by this Court in Cobb v. State, 209 Ga.App. 708, 709 , 434 S.E.2d 513 (1993).
cited Cited as authority (rule) Cowards v. State
Ga. · 1996 · confidence medium
Such a line of questioning could result in the “trial by dossier” rejected by this Court in Teague v. State, 252 Ga. 534, 535 ( 314 SE2d 910 ) (1984).
discussed Cited as authority (rule) White v. State
Ga. Ct. App. · 1993 · confidence medium
At trial, “only in rare instances will the ‘conduct’ of an investigating officer need to be ‘explained,’ as in practically every case, the motive, intent, or state of mind of such an officer will not be ‘matters concerning which the truth must be found.’ ” Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984).
cited Cited as authority (rule) Liu's Enterprises Corp. v. Li
Ga. Ct. App. · 1992 · confidence medium
Teague v. State, 252 Ga. 534, 535 ( 314 SE2d 910 ) (1984); Momon v. State, 249 Ga. 865, 867 ( 294 SE2d 482 ) (1982).
discussed Cited as authority (rule) Tatum v. State
Ga. Ct. App. · 1992 · confidence medium
This is, thus, one of those “rare” cases in which the motive and intent for actions are “ ‘matters concerning which the truth must be found.’ ” Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984) (quoting Momon v. State, 249 Ga. 865, 867 ( 294 SE2d 482 (1982)).
discussed Cited as authority (rule) Thompson v. State (2×)
Ga. Ct. App. · 1991 · confidence medium
It is most unusual that a prosecution will properly concern itself with why an investigating officer did something.’ Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984).” Black v. State, 190 Ga. App. 137 (1) ( 378 SE2d 342 ).
discussed Cited as authority (rule) Poole v. State
Ga. Ct. App. · 1989 · confidence medium
It is most unusual that a prosecution will properly concern itself with why an investigating officer did something.’ Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984).” Black v. State, 190 Ga. App. 137 ( 378 SE2d 342 ) (1989).
cited Cited as authority (rule) Marlow v. State
Ga. Ct. App. · 1989 · confidence medium
Teague v. State, 252 Ga. 534, 537 (2) ( 314 SE2d 910 ) (1984); Spaulding v. State, 185 Ga. App. 812, 814 (3) ( 366 SE2d 174 ) (1988).
discussed Cited as authority (rule) Clark v. State
Ga. Ct. App. · 1989 · confidence medium
Thus, there was no focus on appellant[’s] silence sufficient to constitute prejudicial error. [Cit.]” Evans v. State, 167 Ga. App. 396, 398-399 ( 306 SE2d 691 ) (1983), overruled on other grounds, *387 Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984).
cited Cited as authority (rule) Black v. State
Ga. Ct. App. · 1989 · confidence medium
It is most unusual that a prosecution will properly concern itself with why an investigating officer did something.” Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984).
discussed Cited as authority (rule) Glisson v. State (2×)
Ga. Ct. App. · 1988 · confidence medium
“If the hearsay rule is to remain a part of our law, then OCGA § 24-3-2 . . . must be contained within its proper limit.” Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984).
discussed Cited as authority (rule) Godfrey v. State
Ga. Ct. App. · 1987 · confidence medium
Instead, the State contends they are one of those rare instances where the conduct of the witness in asking the child about the source of these utterances or about the matters implied in them, becomes material under Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ).
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 1985 · confidence medium
“The type of agreement necessary to form a conspiracy is not the ‘meeting of the minds’ necessary to form a contract and may be a ‘mere tacit understanding between two or more people that they will pursue a particular criminal objective.’ ” Kilgore v. State, 251 Ga. 291, 299 (3) (c) ( 305 SE2d 82 ) (1983). “[I]t is well settled that when individuals associate themselves in an unlawful enterprise, any act done in pursuance of the conspiracy by one or more of the conspirators is in legal contemplation the act of all.” Evans v. State, 167 Ga. App. 396, 397 (1) ( 306 SE2d 691 ) (19…
discussed Cited as authority (rule) Hall v. State
Ga. Ct. App. · 1985 · confidence medium
In Teague v. State, 252 Ga. 534, 535 ( 314 SE2d 910 ) (1984), the Supreme Court explained OCGA § 24-3-2 by enunciation of the following rule: “When, in a legal investigation, the conduct and motives of the actor are matters concerning which the truth must be found (i.e., are relevant to the issues on trial), then information, conversations, . . . and similar evidence known to the actor are admissible to explain the actor’s conduct. [Cits.] But where the conduct and motives of the actor are not matters concerning which the truth must be found (i.e., are irrelevant to the issues on trial) t…
discussed Cited as authority (rule) McCright v. State
Ga. Ct. App. · 1985 · confidence medium
“It is well settled that when individuals associate themselves in an unlawful enterprise, any act done in pursuance of the conspiracy by one or more of the conspirators is in legal contemplation the act of all” (Evans v. State, 167 Ga. App. 396, 397 ( 306 SE2d 691 ) (1983), disapproved on other grounds, Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984)).
discussed Cited as authority (rule) Rhine v. State
Ga. Ct. App. · 1985 · confidence medium
OCGA § 24-3-2 provides: “When, in a legal investigation, information, conversations . . . and similar evidence are facts to explain conduct. . . they shall be admitted in evidence not as hearsay but as original evidence.” “[W]here the conduct and motives of the actor are not matters concerning which the truth must be found (i.e., are irrelevant to the issues on trial) then the information, etc. on which he or she acted shall not be admissible under [OCGA § 24-3-2].” Teague v. State, 252 Ga. 534, 535 ( 314 SE2d 910 ) (1984).
cited Cited as authority (rule) Ramsay v. State
Ga. Ct. App. · 1985 · confidence medium
Evans v. State, 167 Ga. App. 396 (1) ( 306 SE2d 691 ), Div. (3) overruled in 252 Ga. 534, 536 ( 314 SE2d 910 ); Anderson v. State, 166 Ga. App. 459 (3) ( 304 SE2d 550 ).
cited Cited as authority (rule) Wilson v. State
Ga. · 1985 · confidence medium
It is most unusual that a prosecution will properly concern itself with why an investigating officer did something.” Teague v. State, 252 Ga. 534, 536 (1) ( 314 SE2d 910 ) (1984).
cited Cited as authority (rule) Simmons v. State
Ga. Ct. App. · 1985 · confidence medium
It is most unusual that a prosecution will properly concern itself with why an investigating officer did something.” (Emphasis in original.) Teague v. State, 252 Ga. 534, 536 ( 314 SE2d 910 ) (1984).
cited Cited as authority (rule) Wilcox v. State
Ga. Ct. App. · 1985 · confidence medium
Momon v. State, 249 Ga. 865, 867 ( 294 SE2d 482 ) (1982); Teague v. State, 252 Ga. 534, 536-537 (1) ( 314 SE2d 910 ) (1984).
discussed Cited as authority (rule) Phillips v. State (2×)
Ga. Ct. App. · 1985 · confidence medium
Teague v. State, 252 Ga. 534, 537 ( 314 SE2d 910 ).
Teague
v.
the State
40720.
Supreme Court of Georgia.
May 1, 1984.
314 S.E.2d 910
B. Ray Holland, Jr., for appellant., Thomas H. Pittman, District Attorney, for appellee.
Weltner, Marshall.
Cited by 162 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 63%
Citer courts: Seventh Circuit (1)
Weltner, Justice.

We granted certiorari to consider the holding of the Court of Appeals in Teague v. State, 169 Ga. App. 285, 289 (5) (312 SE2d 818) (1983), as follows:

“Error is next assigned to the trial court’s admission of certain testimony of officer Whitsett regarding his conversation with an employee of the credit agency through which . . . [Teague] had financed his car wherein Whitsett was told that... [Teague] made a car payment of $350 on the Monday following the Saturday night robbery. Later testimony of several witnesses, including... [Teague] corroborated this. The trial court admitted Whitsett’s testimony for the limited purpose of explaining the officer’s conduct in the continuing investigation of the robbery. Limiting instructions were given and we find no error. See OCGA § 24-3-2 (Code Ann. § 38-302); Gaskins v. State, 250 Ga. 386 (4) (297 SE2d 729) (1982).”

Thus appears, once more, the problem addressed in Momon v. State, 249 Ga. 865 (294 SE2d 482) (1982).

1. Writing for the court in Momon, now Chief Justice Hill concluded that OCGA § 24-3-2 (Code Ann. § 38-302), as originally codified in the Code of 1863, found its genesis in Greenleaf, Evidence, p. 127 (5th Ed. 1850), quoted in part as follows: “ ‘[I]t does not follow, because the writing or words in question are those of a third person, not under oath, that therefore they are to be considered as hearsay. On the contrary, it happens in many cases, that the very fact in controversy is, whether such things were written, or spoken, and not whether they were true____’ Id. at p. 127. Greenleaf then wrote: ‘Thus, where the question is, whether the party acted prudently, wisely, or in good faith, the information, on which he acted, whether true or false, is original and material evidence— So, also, letters and conversation addressed to a person, whose sanity is the fact in question, being connected in evidence with some act done by him, are original evidence to show whether he was insane, or not. The replies given to[*535] inquiries made at the residence of an absent witness, or at the dwelling-house of a bankrupt, denying that he was at home, are also original evidence. . . . This doctrine applies to all other communications, wherever the fact that such communication was made, and not its truth or falsity, is the point in controversy.’ (Emphasis in original.) Id. 127 to 129.” 249 Ga. at pp. 866-67.

The court resolved: “To prevent an overly broad interpretation of Code Ann. § 38-302, we adopt the following: When, in a legal investigation, the conduct and motives of the actor are matters concerning which the truth must be found (i.e., are relevant to the issues on trial), then information, conversations, letters and replies, and similar evidence known to the actor are admissible to explain the actor’s conduct. Green, Ga. Law of Evidence, § 300 (1957); Brewer v. Henson, 96 Ga. App. 501, 502 (100 SE2d 661) (1957). But where the conduct and motives of the actor are not matters concerning which the truth must be found (i.e., are irrelevant to the issues on trial) then the information, etc. on which he or she acted shall not be admissible under [OCGA § 24-3-2] Code Ann. § 38-302. In the case before us, the conduct and motives of the police officers were not relevant to the issues on trial.” 249 Ga. at p. 867.

The necessity for this interpretation will be seen, we believe, from the fact that almost all conduct of almost all people can be “explained” almost always by something which they may have heard or read. Following the literal language of the Code section to its logical conclusion would, therefore, authorize the conviction of a citizen solely upon the testimony of an investigating officer, who, “to explain conduct” in initiating and continuing his investigation, might recount to the jury everything which he had heard or read about the case. That is trial by dossier, for every element of an investigation can serve, in some manner, to “explain conduct” of the investigator.

The factual circumstances of Momon illustrate this proposition. “In the case before us, the testimony of the two detectives was offered to prove that Ann Rembert, deceased, was raped and that this defendant committed the rape. Their testimony was hearsay and was not admissible under Code Ann. § 38-302 to explain the detectives’ conduct or motives. The admission of the detectives’ testimony concerning the rape of Ann Rembert allegedly by the defendant was error.” 249 Ga. at p. 867.

The rule in Momon was announced with the approval of five justices. (Vide Justice Smith’s dissent, on another ground, at page 868.) We have reiterated that rule in six instances, as follows: Ivester v. State, 252 Ga. 333 (313 SE2d 674) (1984); Anderson v. State, 252 Ga. 103 (312 SE2d 113) (1984); Mincey v. State, 251 Ga. 255 (304[*536] SE2d 882) (1983); Williams v. State, 250 Ga. 463 (298 SE2d 492) (1983); Gaskins v. State, 250 Ga. 386 (297 SE2d 729) (1982); Dover v. State, 250 Ga. 209 (296 SE2d 710) (1982). In every case, a majority of our court has reaffirmed the rule, designating the admission of any offending testimony as error, albeit not ground for reversal. Gaskins v. State, 250 Ga. 386, supra — upon which the Court of Appeals relied in this case — deserves additional comment in view of the somewhat unusual nature of the judgment itself, which was one of affirmance. Nonetheless, as to the Momon issue, four justices joined in a special concurrence which found the admission by the trial court of statements made to an investigating officer to be error, albeit harmless, as follows: “In this case, we are presented with precisely the same factual circumstance [as in Momon]. The conduct and motives of detective Freeman in obtaining a warrant are not ‘matters concerning which the truth must be found.’ They are not ‘relevant to the issues on trial.’ Thus, statements made to detective Freeman by others upon which he acted in obtaining a warrant are hearsay, inadmissible under [OCGA § 24-3-2] Code Ann. § 38-302.” 250 Ga. at 391. Hence, any indication to the contrary in Gaskins is disapproved.

The Court of Appeals has dealt with the Momon rule in twelve cases, exclusive of the case before us. In Goodman v. State, 167 Ga. App. 378 (306 SE2d 417) (1983), the court, speaking through Presiding Justice Quillian, reversed conviction on three counts because of the impermissible receipt into evidence of statements made to an investigating officer, offered “to explain conduct.” But see Evans v. State, 167 Ga. App. 396 (306 SE2d 691) (1983), which is disapproved.

It will be seen that only in rare instances will the “conduct” of an investigating officer need to be “explained,” as in practically every case, the motive, intent, or state of mind of such an officer will not be “matters concerning which the truth must be found.” At heart, a criminal prosecution is designed to find the truth of what a defendant did, and, on occasion, of why he did it. It is most unusual that a prosecution will properly concern itself with why an investigating officer did something.

If the hearsay rule is to remain a part of our law, then OCGA § 24-3-2 (Code Ann. § 38-302) must be contained within its proper limit. Otherwise, the repetition of the rote words “to explain conduct” can become imprimatur for the admission of rumor, gossip, and speculation.

Accordingly, in the case now before us, admission of the testimony of the investigating officer relating his conversation with a third party “for the limited purpose of explaining the officer’s[*537] conduct in the continuing investigation of the robbery” (169 Ga. App., at p. 289) was error, and so much of the opinion of the Court of Appeals as suggests to the contrary is disapproved.

Decided May 1, 1984 Rehearing denied May 15, 1984. B. Ray Holland, Jr., for appellant. Thomas H. Pittman, District Attorney, for appellee.

2. The question remains as to whether the admission of the officer’s testimony, though error, was harmful under the standards of Johnson v. State, 238 Ga. 59 (230 SE2d 869) (1976).

Evidence offered by other witnesses, including Teague, established that at approximately the same time he had in his possession equivalent sums of money. For that reason, the testimony of detective Whitsett is merely cumulative, and we find it more than highly probable that its admission did not contribute to the verdict. 238 Ga., at p. 61.

3. We have gone to some length to restate and reaffirm the rule of Momon. While the failure to apply that rule does not here result in reversal, violation in another case may be fatal to conviction, as in Goodman v. State, supra. Prosecutors and trial judges would be well advised to walk wide of error in the proffer and admission of evidence under the provisions of OCGA § 24-3-2 (Code Ann. § 38-302).

Judgment affirmed.

All the Justices concur, except Marshall, P. J., who dissents as to Division 1.