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WALTHOUR v. STATE

No. S98A0069.

497 S.E.2d 799 (1998)

269 Ga. 396

WALTHOUR v. STATE.

Supreme Court of Georgia.

Reconsideration Denied May 4, 1998.

Attorney(s) appearing for the Case

Caesar Jackson Burch, Savannah, for Andrew Walthour.

Spencer Lawton, Jr., Dist. Atty., Savannah, H. Maddox Kilgore, Asst. Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Department of Law, Atlanta, for the State.

SEARS, Justice.

Andrew Walthour appeals from his malice murder conviction and resulting life sentence, claiming that hearsay evidence was improperly admitted in the State's case against him.1 We find that the hearsay evidence Walthour complains of was an excited utterance, and thus was properly admitted under the res gestae exception to the rule against hearsay. We also find that the trial court...

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