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LUSTER v. STATE

No. 1999-KA-00139-COA.

759 So.2d 441 (2000)

David Lee LUSTER, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied May 2, 2000.

Attorney(s) appearing for the Case

David Clay Vanderburg, Gail P. Thompson, Oxford, Attorneys for Appellant.

Office of the Attorney General by Scott Stuart, Attorney for Appellee.

BEFORE McMILLIN, C.J., IRVING, AND THOMAS, JJ.

McMILLIN, C.J., for the Court:

¶ 1. David Lee Luster has appealed his conviction for murder in the shooting death of David Troy Middleton on the sole ground that the trial court erred in admitting into evidence, over defense counsel's hearsay objection, the audio tapes of a call Luster made to the 911 emergency dispatcher to report the shooting moments after it occurred.

¶ 2. Luster, in his brief, does...

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