LEWIS v. STATE

No. CA CR 00-1031.

48 S.W.3d 535 (2001)

74 Ark.App. 61

Robert LEWIS, Jr. v. STATE of Arkansas.

Court of Appeals of Arkansas, Division II.

May 30, 2001.


Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender, by Deborah R. Sallings, Deputy Public Defender, Little Rock, for appellant.

Mark Pryor, Att'y Gen., by David R. Raupp, Sr. Ass't Att'y Gen., Little Rock, for appellee.


LARRY D. VAUGHT, Judge.

Appellant was convicted of rape and sentenced to fifteen years in the Arkansas Department of Correction. On appeal, he contends that the trial court erred in allowing the State to introduce the child victim's statement about the incident through her mother, pursuant to the excited-utterance exception to the hearsay rule. Although we agree that the statement is inadmissible, we affirm because the error was harmless.

The State charged...

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