In North v State of Florida the defendant was charged with dealing in stolen property based upon his taking and selling of his employer's scrap metal. Defendant's defense was the employer gave him permission, in an email, to take the scrap metal.
The trial court refused to allow the defendant's testimony ruling it was inadmissible hearsay. After conviction defendant appealed his denial to testify. The court of appeals reversed and remained the case for new trial ruling prospective testimony was not inadmissible hearsay, as the statements went to defendant's state of mind, and not to prove the truth of the matter asserted.