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BRAXTON v. COM.

Record No. 1344-96-4.

493 S.E.2d 688 (1997)

26 Va. App. 176

Kenneth Lamont BRAXTON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

December 16, 1997.

Attorney(s) appearing for the Case

Robert F. Horan, III, Fairfax (Ronald Wayne Fahy, Manassas; Horan & Fisher, Fairfax, on briefs), for appellant.

Michael T. Judge, Assistant Attorney General (Richard Cullen, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., ELDER, J., and DUFF, Senior Judge.

ELDER, Judge.

Kenneth Lamont Braxton ("appellant") appeals his convictions of first degree murder and petit larceny. He contends the trial court erred when it (1) admitted as an "excited utterance" the hearsay statement of the victim's three-year-old son ("child") and (2) ruled that the child's statement and evidence regarding his condition following the discovery of the victim's body were relevant. For the reasons that follow, we affirm.

I.

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