¶1dissenting.
¶2I must respectfully dissent from the majority in its holding that the statement by Detective Hilligoss went beyond the permissible bounds of the hearsay rule and its corollary which permits testimony that contains out-of-court statements by third parties but is introduced primarily to explain why a particular course of action was taken pursuant to Johnston v. State (1988), Ind., 530 N.E.2d 1179, 1181, cited by the majority.
¶3The statement by Detective Hilligoss, "an Ernest Williams ... was involved in the robbery of a Village Pantry on the south side of Indianapolis," did nothing more than explain the subject covered by the undisclosed source that related it to the Village Pantry robbery under investigation and before us in this appeal. Obviously that would be inferred without the explanatory statement. In other words, the fact that, following receipt of this piece of intelligence, Detective Hilligoss went to Florence Crockett with a photograph of Williams, tells us and the jury that the intelligence involved Williams with the robbery. Detective Hilligoss' testimony said nothing more.
¶4I would deny transfer and allow the judgment of the trial court to stand.
¶5GIVAN, J., concurs.