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ZULIANI v. STATE

No. 1168-01.

97 S.W.3d 589 (2003)

Gerald ZULIANI, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

February 5, 2003.

Attorney(s) appearing for the Case

Ray Bass, Austin, for appellant.

Ken Oden, County Attorney, Matthew Paul, State's Attorney, Austin, for state.

PRICE, J., delivered the unanimous opinion of the Court.

In this case, we determine whether the Court of Appeals applied the proper factual sufficiency standard concerning the jury's rejection of self-defense, and whether a statement made twenty hours after an altercation, made in response to a question, and made after the declarant appeared to be thinking about her answer was an excited utterance. We believe that the hearsay...

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