McGAULEY v. STATE

No. 93-0382.

638 So.2d 973 (1994)

Alvin McGAULEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied July 13, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and David McPherrin, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michelle A. Konig, Asst. Atty. Gen., West Palm Beach, for appellee.


KLEIN, Judge.

Defendant appeals his conviction for aggravated battery with a deadly weapon, arguing that the court erred in allowing a police officer to testify as to hearsay in the form of a response made by defendant's wife to the officer's inquiry. The state argues that the response was admissible because it was a spontaneous statement or excited utterance. We agree and affirm.

Defendant struck another man with a machete in a fight outside of a bar. Witnesses...

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