STATE v. PAYNES

No. 48868.

697 S.W.2d 200 (1985)

STATE of Missouri, Respondent, v. Marlone PAYNES, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 16, 1985.

Application to Transfer Denied October 16, 1985.


Attorney(s) appearing for the Case

Dorothy M. Hirzy, St. Louis, for appellant.

William L. Webster, Atty. Gen., T. Chad Farris, Asst. Atty. Gen., Jefferson City, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied September 16, 1985.

CLEMENS, Senior Judge.

Minutes after defendant brutally beat his robbery victim he told police he had been sitting in his kitchen and "the two subjects came up, pulled the knife on me, and stole my keys." That was hearsay, but was it admissible as a dying declaration?

When police quickly arrived the victim had been cut many times, was too weak to answer other questions...

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