NEUNER v. CLINKENBEARD

No. CIV-78-0243-D.

466 F.Supp. 54 (1978)

Joseph J. NEUNER, Sr. and Emily L. Neuner, Plaintiffs, v. Billy Gene CLINKENBEARD, Jr., Defendant.

United States District Court, W. D. Oklahoma.

November 9, 1978.


Attorney(s) appearing for the Case

Howard K. Berry, Jr., and Howard K. Berry, III, Oklahoma City, Okl., for plaintiffs.

Kenneth N. McKinney and George D. Davis, Oklahoma City, Okl., for defendant.


ORDER

DAUGHERTY, Chief Judge.

Upon consideration of the Plaintiffs' Motion For New Trial with supporting Brief and the Response of the Defendant in opposition thereto, the Court finds that said Motion should be overruled.

1.

Plaintiffs complain of the Court allowing in evidence the statements of John Jeter made to the investigating police officer. Federal Rules of Evidence 803(2) provides that an "excited utterance" is not excluded by the...

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