State v. Stuit

Defendant Duane Stuit appeals from the judgment of the Thirteenth Judicial District Court, Yellowstone County, adopting the jury verdict finding him guilty of felony criminal endangerment. We affirm.

The issues on appeal are as follows:

1. Did the District Court err in permitting the police officer to testify as to the date of the shooting and the identity of the shooter based on out-of-court statements made to him by the mother and the daughter?

2. If the District Court erred in admitting hearsay testimony, was it harmless error?

FACTS

In late December 1992, a Billings Police Officer was…