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Kerns v. State6/25/1996
e form of complaints and reports, on the ground that he was entitled to give the information upon which he acted. The need for the evidence is slight, the likelihood of misuse great.
2 JOHN WILLIAM STRONG, McCORMICK ON EVIDENCE § 249, p. 104 (4th ed. 1992).
In this case, Raitz' testimony as to the contents of the conversation was hearsay and was unnecessary to explain his investigatory actions. People v. Pryor, 181 Ill. App.3d 865, 130 Ill.Dec. 812, 816, 537 N.E.2d 1141, 1145 (2 Dist. 1989); see Longstreth v. State, 832 P.2d 560, 563 (Wyo. 1992). A non-constitutional error in admission of evidence is harmless when a defendant's substantial rights are not affected. WYO. R.CRIM. P 52(a); Campbell v. State, 589 P.2d 358, 368 (Wyo. 1979). The proper inquiry is whether a reasonable probability exists that, but for the error, the verdict would have been more favorable to the defendant. Talbott v. State, 902 P.2d 719, 721 (Wyo. 1995). Kerns claims that the officer's testimony added credibility to Green's testimony and, since her credibility was crucial to the prosecution's case, was prejudicial and reversible error. Because Green did testify later that she made these statements in the conversation and was extensively cross-examined by defense about her entire testimony, there is no reasonable probability that excluding this hearsay evidence would have led to defendant's acquittal. Admission of Officer Raitz' testimony about the substance of the conversation between Raitz and Green, although error, was harmless.
Cumulative Error
Finding only one instance of harmless error in his trial, we do not consider Kern's cumulative error argument.
Affirmed.
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