STATE v. BURTON

No. 17555.

772 P.2d 1248 (1989)

115 Idaho 1154

STATE of Idaho, Plaintiff-Respondent, v. Denver James BURTON, Defendant-Appellant.

Court of Appeals of Idaho.

May 3, 1989.


Attorney(s) appearing for the Case

Ada County Public Defender, by John B. Todd, Deputy Public Defender, Boise, for defendant-appellant.

Jim Jones, Atty. Gen. by Michael J. Kane, Deputy Atty. Gen., Boise, for plaintiff-respondent.


PER CURIAM.

Denver James Burton stands convicted of two counts of aggravated battery, and one count of using a firearm during the commission of a crime. The sole issue on appeal is whether the district judge at trial erred in excluding evidence offered by Burton's counsel under the "excited utterance" exception to the hearsay rule. Today, we uphold the judge's ruling and affirm the judgment of conviction.

The facts may be summarized briefly. Burton and his...

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