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STURKEY v. STATE

No. S99A1173.

522 S.E.2d 463 (1999)

271 Ga. 572

STURKEY v. The STATE.

Supreme Court of Georgia.

October 18, 1999.

Attorney(s) appearing for the Case

Thomas R. Moran, Atlanta, for appellant.

Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Jeanne K. Strickland, Assistant Attorney General, for appellee.

FLETCHER, Presiding Justice.

Rodney R. Sturkey was convicted of felony murder in connection with the shooting death of Bruce Dillard.1 Sturkey contends that the trial court should have allowed evidence of a threat that Dillard made two weeks before the shooting. Although we conclude that the out-of-court statement was not hearsay and should have been admitted into evidence, we find the threat was cumulative of other evidence on the animosity...

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