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STATE v. BROWN

No. 89 K 2678.

562 So.2d 868 (1990)

STATE of Louisiana v. George B. BROWN.

Supreme Court of Louisiana.

Dissenting Opinion June 15, 1990.

Motion to Accept Application Granted; Rehearing Denied June 28, 1990.

Attorney(s) appearing for the Case

William Guste, Jr., Atty. Gen., Bryan Bush, Dist. Atty., E. Sue Bernie, Janis L. Kile, Asst. Dist. Attys., for State of La., plaintiff-applicant.

Kathleen Stewart Richey, Asst. Public Defender, Kathryn M. Flynn, for George B. Brown, defendant-respondent.

Dissenting Opinion of Justice Dennis June 15, 1990.

COLE, Justice.*

In this second degree murder case, the issue is whether the trial court properly allowed the State to introduce an extrajudicial declaration, made by the decedent within 24 to 36 hours of her death, as probative of the decedent's state of mind toward defendant. The declaration revealed decedent's perception of defendant being sexually interested in her and her...

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