People v. Risper

Defendant was convicted, after jury trial, of attempted robbery. Three references made at trial (one in opening statement and two during police officer testimony) to a nontestifying witness's identification of Defendant as a culprit was error, but errors were harmless beyond a reasonable doubt. If a Defendant cannot establish that callenged testimony is hearsay, he cannot prevail on a claim under confrontation clause. In two instances where Defendant objected, court promptly ruled, sustaining objection to one officer's testimony and instructing jury to disregard it, and instructing jury to consider testiony only as to detective's course of conduct and not as to truth of statements made to him by nontestifying witnesses. Court twice instructed jury that opening statements are not evidence. State presented strong evidence of Defendant's guilt, and errors did not deny Defendant right to fair trial. (HOWSE and COBBS, concurring.)