People v. Dement

LOHR, Justice.

The defendant, John C. Dement, was convicted of third degree assault 1 after trial to a jury in the Denver County Court. The Denver Superior Court reversed the conviction and ordered dismissal of the case with prejudice, holding that the defendant’s right under Article II, Section 16 of the Colorado Constitution to confront a witness against him had been denied when the trial court admitted certain hearsay evidence under the excited utterance exception to the hearsay rule, C.R.E. 803(2). We affirm the reversal of the defendant’s conviction but direct that the superior court…