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CLARK v. UNITED STATES

No. 12970.

412 A.2d 21 (1980)

David CLARK, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 25, 1980.

Attorney(s) appearing for the Case

Constance T. O'Bryant, Public Defender Service, Washington, D. C., with whom Silas J. Wasserstrom, Public Defender Service, Washington, D. C., was on brief, for appellant.

William E. Bucknam, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Washington, D. C., at the time the brief was filed and the case was argued, John A. Terry, Michael W. Farrell, and John McDougall Kern, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before NEWMAN, Chief Judge, and KELLY and FERREN, Associate Judges.

NEWMAN, Chief Judge:

Following a jury trial appellant was convicted of first-degree murder while armed, D.C.Code 1973, §§ 22-2401, 22-3202. On this appeal, appellant presents two issues for our consideration. Appellant contends that the trial court, over his objection, erroneously admitted into evidence under the state-of-mind exception to the hearsay rule, certain hearsay statements of the deceased that tended to show: (1) the conduct, attitude, and feelings...

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