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STATE v. AGONEY

No. 4494.

608 P.2d 762 (1980)

STATE of Alaska, Petitioner, v. Thomas H. AGONEY, Jr., Respondent.

Supreme Court of Alaska.

March 28, 1980.

Attorney(s) appearing for the Case

Charles M. Merriner, Asst. Dist. Atty., Joseph D. Balfe, Dist. Atty., for petitioner.

Sue Ellen Tatter, Asst. Public Defender, Brian C. Shortell, Public Defender, Anchorage, for respondent.

Before RABINOWITZ, C.J., CONNOR, BOOCHEVER and MATTHEWS, JJ., and DIMOND, Senior Justice.

OPINION

MATTHEWS, Justice.

This petition for review concerns the admissibility of statements under the excited utterance exception to the hearsay rule. Respondent Thomas Agoney, Jr., is charged with intentional homicide for the fatal stabbing of his brother-in-law. The trial judge admitted into evidence a statement made by Agoney to investigating officers at the scene of the crime. The state claims error.

The trial ended in a mistrial. We grant this...

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