Zuliani v. State

PRICE, J.,

delivered the unanimous opinion of the Court.

In this case, we determine whether the Court of Appeals applied the proper factu al 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 statement is an excited utterance but, because the Court of Appeals did not apply the correct factual sufficiency standard, we will reverse. 1

FACTS

On February 2, 1999,…