State of Tennessee v. Robert Brian King

Defendant, Robert Brian King, was convicted by a Davidson County jury of assault.  As a result, he was sentenced to eleven months and twenty-nine days in incarceration, to be served on supervised probation after the service of ten days in incarceration.  Defendant was also ordered to pay restitution to the victim.  After the denial of a motion for new trial, Defendant appeals, challenging the sufficiency of the evidence and the trial court’s decision to exclude testimony on the basis that it constituted hearsay.  After our review, we determine that the evidence was sufficient to support the assault conviction where the jury weighed the credibility of the State’s witnesses and accredited their testimony.  Further, we determine that the trial court erred in excluding testimony as hearsay when the statements were not offered to prove the truth of the matter asserted but to prove their effect on the hearer.  However, we determine the error was harmless.  Accordingly, the judgment of the trial court is affirmed.