Higgs v. State, 351 S.E.2d 448 (Ga. 1987). · Go Syfert
Higgs v. State, 351 S.E.2d 448 (Ga. 1987). Cases Citing This Book View Copy Cite
224 citation events (33 in the last 25 years) across 4 distinct courts.
Strongest positive: Elijah Ames Brittain v. State (gactapp, 2014-11-17)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 49 distinct citers.
discussed Cited as authority (rule) Elijah Ames Brittain v. State
Ga. Ct. App. · 2014 · confidence medium
In such a case, the hearsay is cumulative and without material effect on the verdict.” (punctuation omitted)); accord Williams v. State, 319 Ga. App. 888, 890 (1) ( 739 SE2d 4 ) (2013). 32 But see Yancey, 275 Ga. at 553 (2) (a) (explaining that Former OCGA § 24- 3-1 (b), the so-called “necessity exception,” had been interpreted “as creating a residual exception to the hearsay rule”); Higgs v. State, 256 Ga. 606, 607 (3) ( 351 SE2d 448 ) (1987) (suggesting that Former OCGA §§ 24-3-3 to 24-3-14, which enumerated 12 types of hearsay exceptions, were not exhaustive); Williams, 19 Ga. …
discussed Cited as authority (rule) Brittain v. State
Ga. Ct. App. · 2014 · confidence medium
But see Yancey, 275 Ga. at 553 (2) (a) (explaining that former OCGA § 24-3-1 (b), the so-called “necessity exception,” had been interpreted “as creating a residual exception to the hearsay rule”); Higgs v. State, 256 Ga. 606, 607 (3) ( 351 SE2d 448 ) (1987) (suggesting that former OCGA §§ 24-3-3 to 24-3-14, which enumerated 12 types of hearsay exceptions, were not exhaustive); Williams, 19 Ga. at 403 (discussing the common-law forfeiture-by-wrongdoing exception).
discussed Cited as authority (rule) Herring v. State
Ga. Ct. App. · 2001 · confidence medium
Pope, P. J., and Mikell, J., concur. 1 Ryals v. State, 238 Ga. App. 578 ( 519 SE2d 505 ) (1999). 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Investigator Asbell testified that he went to Herring’s house on the day of the attack to follow up on information that he received from Corporal Rebecca Baudree of the Cairo Police Department and Investigator Scott Newberry with the Grady County Sheriff’s Department that Herring came home that morning with blood on his clothing. 4 Woodford v. State, 240 Ga. App. 875, 876 ( 525 SE2d 408 ) (1999). 5 Bryant v. State, 268 Ga.…
discussed Cited as authority (rule) Villegas v. State
Ga. · 2001 · confidence medium
Compare McKissick v. State, 263 Ga. 188, 189 (3) ( 429 SE2d 655 ) (1993); Higgs v. State, 256 Ga. 606, 608 (5) ( 351 SE2d 448 ) (1987); Sorrow v. State, 234 Ga. App. 357, 358 (1) (b) ( 505 SE2d 842 ) (1998). 8.
discussed Cited as authority (rule) Daker v. State
Ga. Ct. App. · 2000 · confidence medium
All division judges concur. 1 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 2 (Citations and punctuation omitted.) Williams v. State, 236 Ga. App. 190 ( 511 SE2d 561 ) (1999). 3 See Meier v. State, 190 Ga. App. 625, 626 (1) ( 379 SE2d 588 ) (1989). 4 Wall v. State, 269 Ga. 506, 509 (2) ( 500 SE2d 904 ) (1998). 5 See Johnson v. State, 271 Ga. 375, 378 (4) ( 519 SE2d 221 ) (1999). 6 OCGA § 24-3-1 (b). 7 See Green, Ga. Law of Evidence (5th ed. 1999), § 225, p. 453. 8 See Higgs v. State, 256 Ga. 606, 607 (3) ( 351 SE2d 448 ) (1987). 9 See House v. State, 252 Ga. 409, 410-411 (2) ( 314 SE2d 195 …
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 1999 · confidence medium
McMurray, P. J, and Andrews, P. J., concur. 1 Nelson v. State, 222 Ga. App. 443, 444 (2) ( 474 SE2d 304 ) (1996). 2 237 Ga. App. 504, 506 (2) (a) ( 515 SE2d 652 ) (1999). 3 OCGA § 24-3-1 (b). 4 Higgs v. State, 256 Ga. 606, 607 (3) ( 351 SE2d 448 ) (1987). 5 Holmes v. State, 271 Ga. 138, 139 (2) ( 516 SE2d 61 ) (1999); see Ohio v. Roberts, 448 U. S. 56, 74 (IV) (A) (100 SC 2531, 65 LE2d 597) (1980). 6 Chapel v. State, 270 Ga. 151, 155 (4) ( 510 SE2d 802 ) (1998). 7 OCGA § 24-3-1 (b). 8 Sorrow v. State, 234 Ga. App. 357, 358 (1) (b) ( 505 SE2d 842 ) (1998). 9 Chapel, supra, 270 Ga. at 155 . 10…
examined Cited as authority (rule) Quijano v. State (3×)
Ga. · 1999 · confidence medium
Higgs v. State, 256 Ga. 606, 608 (4), 351 S.E.2d 448 (1987).
discussed Cited as authority (rule) Overby v. State
Ga. Ct. App. · 1999 · confidence medium
“The two underlying reasons for any exception to the hearsay rule are a necessity for the exception and a circumstantial guaranty of the trustworthiness of the offered evidence — that is, there must be something present which the law considers a substitute for the oath of the declarant and his cross examination by the party against whom the hearsay is offered. . . .” [Cits.] (Emphasis omitted.) Higgs v. State, 256 Ga. 606, 607 (3) ( 351 SE2d 448 ).
discussed Cited as authority (rule) Lewis v. Emory University (2×)
Ga. Ct. App. · 1998 · confidence medium
See, e.g., Hayes v. State, 268 Ga. 809 ( 493 SE2d 169 ) (1997); White v. State, 268 Ga. 28 ( 486 SE2d 338 ) (1997); Holland v. State, 267 Ga. 833 ( 483 SE2d 584 ) (1997); Higgs v. State, 256 Ga. 606, 607-608 (2-5) ( 351 SE2d 448 ) (1987); Smith v. State, 231 Ga. App. 677 ( 499 SE2d 663 ) (1998); McKibbons v. State, 226 Ga. App. 452 ( 486 SE2d 679 ) (1997).
discussed Cited as authority (rule) Perkins v. State
Ga. · 1998 · confidence medium
Oral argument was held on April 21, 1998. 2 OCGA § 17-10-30 (b) (2) and (b) (7). 3 Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Stephens v. State, 265 Ga. 356, 357 ( 456 SE2d 560 ) (1995); McCleskey v. Kemp, 481 U.S. 279, 292 (107 SC 1756, 95 LE2d 262) (1987). 5 Stephens, 265 Ga. at 357 , quoting McCleskey, 481 U.S. at 292 . 6 See Rower v. State, 264 Ga. 323 ( 443 SE2d 839 ) (1994). 7 Batson v. Kentucky, 476 U.S. 79 (106 SC 1712, 90 LE2d 69) (1986). 8 Stephens, 265 Ga. at 359 . 9 See Jenkins v. State, 269 Ga. 282, 285 ( 498 SE2d 502 ) (1998); Rower, 264 Ga. at 323 . 1…
discussed Cited as authority (rule) Fetty v. State
Ga. · 1997 · confidence medium
The transcript was certified by the court reporter on February 26, 1997, the appeal was docketed with this Court on March 3, 1997, and the matter was orally argued before the court on June 16,1997. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 OCGA § 16-1-6 (1); Jordan v. State, 267 Ga. 442, 447 ( 480 SE2d 18 ) (1997). 4 Jordan, supra. 5 Id.; Montes v. State, 262 Ga. 473, 474 ( 421 SE2d 710 ) (1992). 6 State v. Birge, 240 Ga. 501 ( 241 SE2d 213 ) (1978). 7 Mitchell v. State, 239 Ga. 3, 4-5 ( 235 SE2d 509 ) (1977) (concerning the predecessor to § 16-11-66, Ga. Code …
discussed Cited as authority (rule) State v. Bell (2×)
Mo. · 1997 · confidence medium
Other states that appear to have adopted the residual hearsay exception in case law include Connecticut, State v. Sharpe, 195 Conn. 651 , 491 A.2d 345, 353-54 (1985); State v. Stepney, 191 Conn. 233 , 464 A.2d 758 (1983); and Georgia, Higgs v. State, 256 Ga. 606 , 351 S.E.2d 448, 450 (1987); Chrysler Motors Corp. v. Davis, 226 Ga. 221 , 173 S.E.2d 691 (1970).
discussed Cited as authority (rule) Dixon v. State
Ga. Ct. App. · 1997 · confidence medium
Higgs v. State, 256 Ga. 606, 608 ( 351 SE2d 448 ) (1987). “ ‘The central concern of the Confrontation Clause is to ensure the reliability of the evidence against a criminal defendant by subjecting it to rigorous testing in the context of an adversary proceeding before the trier of fact.’ Maryland v. Craig, 497 U. S. 836, 845 (110 SC 3157, 111 LE2d 666) (1990).” Miller v. State, 266 Ga. 850, 853 ( 472 SE2d 74 ) (1996).
discussed Cited as authority (rule) Nelson v. State
Ga. Ct. App. · 1997 · confidence medium
See, e.g., Hayes v. State, 265 Ga. 1, 2-3 (3) ( 453 SE2d 11 ) (witness dead); Higgs v. State, 256 Ga. 606, 608 (4) ( 351 SE2d 448 ) (witness invoked privilege); Adams v. State, 191 Ga. App. 16, 17 (2) ( 381 SE2d 69 ) (child witness could not be located because her family deliberately hid her).
discussed Cited as authority (rule) Farmer v. State (2×)
Ga. · 1996 · confidence medium
Higgs v. State, 256 Ga. 606, 607 (3), 351 S.E.2d 448 (1987).
cited Cited as authority (rule) Smith v. State
Ga. · 1996 · confidence medium
Higgs v. State, 256 Ga. 606, 607 ( 351 SE2d 448 ) (1987); Chrysler Motors Corp. v. Davis, 226 Ga. 221, 224 ( 173 SE2d 691 ) (1970).
examined Cited as authority (rule) Bundrage v. State (3×) also: Cited "see"
Ga. · 1995 · confidence medium
Higgs v. State, 256 Ga. 606, 607 ( 351 SE2d 448 ) (1987); Rea v. Parsley, 170 Ga. 788, 793 ( 154 SE 325 ) (1930).
discussed Cited as authority (rule) Fenimore v. State
Ga. Ct. App. · 1995 · confidence medium
The standard is whether ‘the declarant’s truthfulness is so clear from the surrounding circumstances that the test of cross-examination would be of marginal utility.’ Id. at [820].” United States v. Accetturo, 966 F2d 631, 634 (11th Cir. 1992). “ ‘[T]here must be something present which the law considers a substitute for the oath of the declarant and his cross examination by the party against whom the hearsay is offered. . . .’ [Cits.]” (Emphasis omitted.) Higgs v. State, 256 Ga. 606, 607-608 (3) ( 351 SE2d 448 ) (1987).
discussed Cited as authority (rule) Drane v. State
Ga. · 1995 · confidence medium
The case was docketed on March 8, 1995, and submitted on briefs without oral argument on May 1, 1995. 2 OCGA § 24-3-1 (1982). 3 Higgs v. State, 256 Ga. 606, 607 ( 351 SE2d 448 ) (1987). 4 OCGA § 24-9-23. 5 See Reynolds v. State, 257 Ga. 725 ( 363 SE2d 249 ) (1988).
discussed Cited as authority (rule) Adams v. State
Ga. Ct. App. · 1995 · confidence medium
We recognize that admission of evidence under exceptions to the hearsay rule necessarily does not implicate the confrontation clause (Higgs v. State, 256 Ga. 606, 608-609 ( 351 SE2d 448 )), but testimonial affidavits such as these do not satisfy the criteria for admission in evidence.
discussed Cited as authority (rule) Wallace v. State
Ga. Ct. App. · 1995 · confidence medium
“OCGA § 24-3-1 (b) provides that ‘hearsay evidence is admitted in specified cases from necessity.’ . . . ‘The two underlying reasons for any exception to the hearsay rule are a necessity for the exception and a circumstantial guaranty of the trustworthiness of the offered evidence — that is, there must be something present which the law considers a substitute for the oath of the declarant and his cross examination by the party against whom the hearsay is offered.’ [Cits.]” (Emphasis omitted.) Higgs v. State, 256 Ga. 606, 607 (3) ( 351 SE2d 448 ) (1987).
discussed Cited as authority (rule) Turner v. State
Ga. Ct. App. · 1995 · confidence medium
“The two underlying reasons for any exception to the hearsay rule are a necessity for the exception and a circumstantial guaranty of the trustworthiness of the offered evidence — that is, there must be something present which the law considers a substitute for the oath of the declarant and his cross examination by the party against whom the hearsay is offered.” (Citations, punctuation and emphasis omitted.) Chrysler Motors Corp. v. Davis, 226 Ga. 221, 224 (1) ( 173 SE2d 691 ) (1970); Higgs v. State, 256 Ga. 606, 607 (3) ( 351 SE2d 448 ) (1987).
cited Cited as authority (rule) Wilbourne v. State
Ga. Ct. App. · 1994 · confidence medium
Higgs v. State, 256 Ga. 606, 607 (3), 608-609 (7) ( 351 SE2d 448 ).
discussed Cited as authority (rule) State v. Peters (2×)
Ga. Ct. App. · 1994 · confidence medium
Higgs v. State, 256 Ga. 606, 608 (4) ( 351 SE2d 448 ) (1987). [2] In determining the scope of this statutory privilege, we must "look diligently for the intention of the General Assembly." OCGA § 1-3-1.
discussed Cited as authority (rule) Rosser v. State
Ga. Ct. App. · 1993 · confidence medium
Reflecting its underlying purpose to augment accuracy in the factfinding process by ensuring the defendant an effective means to test adverse evidence, the Clause countenances only hearsay marked with such trustworthiness that “there is no material departure from the reason of the general rule.” ’ Ohio v. Roberts, 448 U. S. 56, 65 (100 SC 2531, 65 LE2d 597) (1980).” Higgs v. State, 256 Ga. 606, 608-609 (7) ( 351 SE2d 448 ) (1987).
discussed Cited as authority (rule) Roberts v. State (2×)
Ga. Ct. App. · 1993 · confidence medium
Appellant contends these statements should have been allowed under the "necessity" exception of OCGA § 24-3-1 (b), which allows hearsay testimony where it is necessary and there is some "`circumstantial guaranty of the trustworthiness of the offered evidence.'" (Emphasis omitted.) Higgs v. State, 256 Ga. 606, 607 (3) ( 351 SE2d 448 ) (1987).
discussed Cited as authority (rule) Moore v. State
Ga. Ct. App. · 1993 · confidence medium
Higgs v. State, 256 Ga. 606, 608 ( 351 SE2d 448 ) (1987), and Jackson v. State, 202 Ga. App. 582, 586 (2) ( 414 SE2d 905 ) (1992), consider hearsay and Confrontation-Clause issues concerning police officers who were allowed to testify concerning out-of-court statements made to them by witnesses.
discussed Cited as authority (rule) Crawford v. State
Ga. Ct. App. · 1992 · confidence medium
We find completely distinguishable the case on which the State relies, Higgs v. State, 256 Ga. 606, 607-609 (2-7) ( 351 SE2d 448 ) (1987), in which the Supreme Court affirmed the admission of hearsay evidence consisting of statements by a witness who was unavailable to testify because of marriage to the defendant shortly before trial.
discussed Cited as authority (rule) Shaver v. State (2×)
Ga. Ct. App. · 1991 · confidence medium
Higgs v. State, 256 Ga. 606, 607-609 ( 351 SE2d 448 ) (1987).
examined Cited "see" White v. State (4×)
Ga. · 2003 · signal: see · confidence high
See Higgs v. State, 256 Ga. 606, 608 (4) ( 351 SE2d 448 ) (1987).
examined Cited "see" Yancey v. State (3×)
Ga. · 2002 · signal: see · confidence high
See Higgs v. State, 256 Ga. 606, 607 ( 351 SE2d 448 ) (1987) (statutory provisions in OCGA §§ 24-3-3 to 24-3-14 enumerating 12 types of hearsay exception are not exhaustive).
discussed Cited "see" Ginn v. State (2×)
Ga. Ct. App. · 2001 · signal: accord · confidence high
Andrews, P. J., and Eldridge, J., concur. 1 (Citation and punctuation omitted.) Conyers v. State, 234 Ga. App. 830, 832 (1) ( 507 SE2d 842 ) (1998); accord Bradford v. State, 221 Ga. App. 232, 234 (2) ( 471 SE2d 248 ) (1996). 2 OCGA § 24-3-1 (b). 3 Clark v. State, 271 Ga. 6, 10 (5) ( 515 SE2d 155 ) (1999). 4 See Higgs v. State, 256 Ga. 606, 608 (4) ( 351 SE2d 448 ) (1987). 5 See Johnson v. State, 273 Ga. 345, 347-348 (5) ( 541 SE2d 357 ) (2001). 6 (Punctuation omitted.) OCGA § 17-9-1 (a). 7 (Citations and punctuation omitted.) Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995)…
discussed Cited "see" Slakman v. State (2×)
Ga. · 2000 · signal: see · confidence high
See Higgs v. State, 256 Ga. 606 ( 351 SE2d 448 ) (1987); Dix v. State, 267 Ga. 429 ( 479 SE2d 739 ) (1997).
discussed Cited "see" Downs v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Higgs v. State, 256 Ga. 606, 608 (4) ( 351 SE2d 448 ) (1987); Lane v. Tift County Hosp.
examined Cited "see" Lane v. Tift County Hospital Authority (3×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Higgs v. State, 256 Ga. 606 , 351 S.E.2d 448 (1987).
discussed Cited "see" Miller v. State (2×)
Ga. · 1996 · signal: see · confidence high
See Higgs v. State, 256 Ga. 606, 609 ( 351 SE2d 448 ) (1987); Barnett v. State, 211 Ga. App. 651, 652 ( 440 SE2d 247 ) (1994).
examined Cited "see" Luallen v. State (7×) also: Cited "see, e.g."
Ga. · 1996 · signal: see · confidence high
See id. at (5), 351 S.E.2d 448 . 6.
examined Cited "see" Drane v. State (4×)
Ga. · 1995 · signal: see · confidence high
See Higgs v. State, 256 Ga. 606, 608 (3, 4) ( 351 SE2d 448 ) (1987).
discussed Cited "see" Nelson v. State (2×)
Ga. · 1993 · signal: see · confidence high
See Higgs v. State, 256 Ga. 606 ( 351 SE2d 448 ) (1987). 4.
cited Cited "see" Jackson v. State
Ga. Ct. App. · 1992 · signal: see · confidence high
See Higgs v. State, 256 Ga. 606 , supra; Adams v. State, 191 Ga. App. 16 , supra. It follows that the trial court did not err in admitting the statements of the neighbor.
discussed Cited "see" Powell v. State (2×)
Ga. Ct. App. · 1989 · signal: see · confidence high
See Higgs v. State, 256 Ga. 606 ( 351 SE2d 448 ).
examined Cited "see" Henderson v. State (3×)
Ga. Ct. App. · 1987 · signal: see · confidence high
Hines v. State, 249 Ga. 257, 259 (2) ( 290 SE2d 911 ) (1982); see Higgs v. State, 256 Ga. 606, 608 (6) and (7) (351 *518 SE2d 448) (1987); O'Kelley v. State, 175 Ga. App. 503, 507 (2) ( 333 SE2d 838 ) (1985).
discussed Cited "see, e.g." Baker v. State (2×)
Ga. Ct. App. · 1999 · signal: see also · confidence low
See also Higgs v. State, 256 Ga. 606 ( 351 SE2d 448 ) (1987).
examined Cited "see, e.g." Harrison v. State (4×)
Ga. Ct. App. · 1999 · signal: see also · confidence low
See also Higgs v. State, 256 Ga. 606 , 351 S.E.2d 448 (1987) (declarant was the only eyewitness to the homicide); Chrysler Motors Corp. v. Davis, 226 Ga. 221, 225 , 173 S.E.2d 691 (1970); Sorrow v. State, 234 Ga. App. 357, 358 , 505 S.E.2d 842 (1998); C & S Bank of Albany v. Swain, 185 Ga.App. 881, 884 , 366 S.E.2d 191 (Beasley, J., dissenting) (dead declarant was the only witness), reversed on other grounds, Swain v. C & S Bank of Albany, 258 Ga. 547, 550 , 372 S.E.2d *758 423 (1988).
examined Cited "see, e.g." Phagan v. State (4×)
Ga. · 1997 · signal: compare · confidence low
Compare OCGA § 24-4-48(b) and (c) with Higgs v. State, 256 Ga. 606 (3—5), 351 S.E.2d 448 (1987) and its progeny.
discussed Cited "see, e.g." Boehm v. Abi-Sarkis (2×)
Ga. Ct. App. · 1993 · signal: see also · confidence low
See also Higgs v. State, 256 Ga. 606 (5) ( 351 SE2d 448 ) (1987).
discussed Cited "see, e.g." Banks v. State (2×)
Ga. · 1992 · signal: compare · confidence low
Compare Higgs v. State, 256 Ga. 606 ( 351 SE2d 448 ) and Mallory v. State, 261 Ga. 625 ( 409 SE2d 839 ) (1991). 3.
discussed Cited "see, e.g." White v. White (2×)
Ga. · 1992 · signal: see also · confidence low
See also Higgs v. State, 256 Ga. 606 (5) ( 351 SE2d 448 ) (1987).
discussed Cited "see, e.g." Glisson v. State (2×)
Ga. Ct. App. · 1988 · signal: see, e.g. · confidence low
See, e.g., Higgs v. State, 256 Ga. 606 , supra. The testimony concerning the victim’s statements, considered with the circumstantial evidence that defendant locked himself and the victim in her bedroom, the medical evidence that the victim’s hymen had been ruptured, and the money, clothes, trips and gifts that the appellant provided the victim would authorize a rational trier of fact to find the appellant guilty beyond a reasonable doubt.
Higgs
v.
the State
43619.
Supreme Court of Georgia.
Jan 15, 1987.
351 S.E.2d 448
Charles W. Cook, Wilmer L. Salter, Jr., for appellant., Richard A. Malone, District Attorney, William H. McClain, Assistant District Attorney, Michael J. Bowers, Attorney General, Dennis R. Dunn, Assistant Attorney General, for appellee.
Weltner.
Cited by 85 opinions  |  Published
Weltner, Justice.

The evidence in this case indicates that on June 29, 1984, shortly after midnight, Rollison Higgs shot and killed John Scroble with a handgun. [1] The shooting took place in a parking area adjacent to a restaurant. Just prior to the shooting, the victim Scroble and Frankie Higgs, the former wife of the defendant, were seated in the front seat of an automobile that Frankie Higgs had driven to the parking area. Faye Clark, who testified that she had known the defendant and his former wife “all my life,” was close to the automobile. She related that as she started to walk toward the restaurant she saw Higgs approach the automobile in which Scroble was seated, open the door on the passenger’s side, and heard him order Scroble from the car. At that time, Frankie Higgs hastily exited the car from the driver’s side. Almost immediately thereafter the witness Clark heard gunfire. While Clark testified that she did not see a pistol at any time, she was certain that no one but Higgs was near Scroble when the shot was fired. Testimony of a firearms expert established that the weapon that caused Scroble’s death had been fired from within six to twelve inches of the victim’s body.

Clark entered the restaurant almost immediately after the shooting and telephoned the police. When she returned to the scene, Higgs had left. While Clark was telling Frankie Higgs about making the telephone call, she saw Scroble lunge from the car and fall, face down, to the pavement.

Investigator Moses of the Georgia Bureau of Investigation assisted in the investigation of the killing. At some time between 2:30 and 3:00 o’clock a.m., Moses arrived at the crime scene. Later that[*607] morning he interviewed Frankie Higgs, after she had an opportunity to meet with and to be advised by her lawyer. According to Moses, Mrs. Higgs told him that she saw her former husband shoot Scroble with a pistol, and then disappear.

Higgs was sought by law enforcement officials, but was not found. At about 8:30 a.m. on that day, he surrendered himself to the sheriffs office. No murder weapon has been located.

Higgs was released on bond on July 1, 1984. That same day, he and his former wife resumed cohabitation, and were remarried on December 6, 1984. At pre-trial hearings held in February and October 1985, Frankie Higgs asserted her right not to testify against her husband. At the trial of the case, over objection of defendant, investigator Moses was allowed to testify as to what Frankie Higgs had told him concerning the killing.

1. Higgs attacks the guilty verdict on the grounds of insufficiency of the evidence. The evidence was sufficient to support the jury’s verdict of guilty under Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), even without considering investigator Moses’ testimony concerning Frankie Higgs’ statement.

2. Higgs claims error in the trial court’s admission of the testimony of investigator Moses as to Frankie Higgs’ statement to him. The trial court ruled, on pre-trial motion, that Frankie Higgs could not be compelled to testify when she invoked the marital privilege, but that her out-of-court statement was admissible as an exception to the hearsay rule.

3. Frankie Higgs did not testify. Her knowledge of the killing was imparted to the jury by investigator Moses, who related what she had told him shortly after the homicide. This testimony, as hearsay, normally would be inadmissible. However, OCGA § 24-3-1 (b) provides that “hearsay evidence is admitted in specified cases from necessity.” OCGA §§ 24-3-3 through 24-3-14 enumerate twelve types of hearsay that are admissible as exceptions to the hearsay rule. “Is this specification of cases in which hearsay evidence is admissible exhaustive and exclusive of all other cases? We think not.” Rea v. Pursley, 170 Ga. 788, 793 (154 SE 325) (1930) (wherein we held that statements of a type not expressly mentioned in the Code were admissible). The exceptions in the Code in effect in 1930 are virtually identical to the current statute. “The two underlying reasons for any exception to the hearsay rule are a necessity for the exception and a circumstantial guaranty of the trustworthiness of the offered evidence — that is, there must be something present which the law considers a substitute for the oath of the declarant and his cross examination by the party against whom the hearsay is offered. . . .” Chrysler Motors [*608] Corp. v. Davis, 226 Ga. 221, 224 (1) (173 SE2d 691) (1970). [2] See also Irby v. Brooks, 246 Ga. 794 (273 SE2d 183) (1980).

4. In this case, Frankie Higgs was unavailable as a witness because of her remarriage, after the killing, to Higgs, and because of her refusal to testify against him. OCGA § 24-9-23. There was, indeed, a “necessity” that the finder of fact be acquainted with the statements of the only eyewitness to the very act of homicide.

5. The trustworthiness of Frankie Higgs’ statement can be found in the following particulars: (a) Frankie Higgs consulted with her attorney before making the statement; (b) the statement was made within hours of the killing in the course of an official investigation; (c) at no time after the statement was made did Frankie Higgs disavow her statement, or claim that it was inaccurate or untruthful; (d) Frankie Higgs testified prior to trial that she was refusing to testify because she loved her husband; (e) she did not testify contrary to her statement.

Under these circumstances, the trial court was correct in ruling that investigator Moses’ statements were admissible as an exception to the general hearsay rule.

6. Higgs contends that the introduction of the hearsay evidence was a violation of his right of confrontation under the Sixth Amendment to the Constitution of the United States, and under Art. I, Sec. I, Par. XIV of the Constitution of Georgia of 1983. Higgs does not contend that he was denied the right to cross-examine investigator Moses, and the record reflects a vigorous cross-examination concerning all phases of his investigation. Rather, he insists that he was denied an opportunity to cross-examine his wife relative to her statements to the investigator.

7. Confrontation in a criminal trial includes the right to ask questions and secure answers from the witness confronted. Lingerfelt v. State, 235 Ga. 139 (218 SE2d 752) (1975). However, the United States Supreme Court has not interpreted “confrontation” to signify the exclusion of every hearsay exception, and has provided the following method to resolve confrontation challenges based on the admission of hearsay testimony: “The Confrontation Clause operates in two sepa[*609] rate ways to restrict the range of admissible hearsay. First, in conformance with the Framers’ preference for face-to-face accusation, the Sixth Amendment establishes a rule of necessity. In the usual case (including cases where prior cross-examination has occurred), the prosecution must either produce, or demonstrate the unavailability of, the declarant whose statement it wishes to use against the defendant. [Cits.] The second aspect operates once a witness is shown to be unavailable. Reflecting its underlying purpose to augment accuracy in the factfinding process by ensuring the defendant an effective means to test adverse evidence, the Clause countenances only hearsay marked with such trustworthiness that ‘there is no material departure from the reason of the general rule.’ ” Ohio v. Roberts, 448 U. S. 56, 65 (100 SC 2531, 65 LE2d 597) (1980).

Decided January 15, 1987. Charles W. Cook, Wilmer L. Salter, Jr., for appellant. Richard A. Malone, District Attorney, William H. McClain, Assistant District Attorney, Michael J. Bowers, Attorney General, Dennis R. Dunn, Assistant Attorney General, for appellee.

The admission of hearsay statements in this case did not violate Higgs’ rights of confrontation.

Judgment affirmed.

All the Justices concur.
1

Higgs was indicted on February 26, 1985. He was found guilty and sentenced on January 21, 1986. The transcript was certified by the court reporter on February 18, 1986. Higgs’ motion for new trial was filed on February 11, 1986, and was denied on May 9, 1986. Higgs filed his notice of appeal on June 3, 1986. The case was docketed in this court on June 20, 1986, and was argued on September 10, 1986.

2

Compare Fed. Rules Evid. Rule 803 (24), 28 USCA: “Other exceptions. A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, his intention to offer the statement and the particulars of it, including the name and address of the declarant.”