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STATE v. AUBLE

No. 860276.

754 P.2d 935 (1988)

STATE of Utah, Plaintiff and Respondent, v. Jerry P. AUBLE, Defendant and Appellant.

Supreme Court of Utah.

May 4, 1988.

Attorney(s) appearing for the Case

Stephen W. Farr, Steven M. Kaufman, David R. Hamilton, Ogden, for defendant and appellant.

David L. Wilkinson, Kimberly K. Hornak, Salt Lake City, for plaintiff and respondent.

ZIMMERMAN, Justice:

Defendant Jerry P. Auble was convicted of the second degree murder of his wife, Claudette Auble. He charges error in the admission of a hearsay statement, allegedly made by Claudette, reporting that Jerry had recently threatened to kill her. We reject his claim and affirm.

Claudette Auble was shot to death with a high-powered rifle in the couple's bedroom. The police initially treated the case as an accidental shooting but became suspicious...

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