People v. Lew

*776MOSK, J.

Defendant Johnny Bocktune Lew appeals from a judgment of conviction entered upon a jury verdict finding him guilty of second degree murder. He contends. that the trial court erroneously allowed into evidence certain .hearsay statements to show the state of mind- of the Victim, • Karen Gervasi, at the time of her death. We have concluded that the statements should not have been admitted, and, since the error was plainly prejudicial, the judgment must be reversed.

The facts are not in dispute. Defendant, though married, had for some time been enamored of Karen; they were sexually…