State v. Nance

ANDREASEN, Justice.

The defendant was charged and convicted of murder in the first degree and willful injury. The defendant admitted he shot the victim, but claimed the shooting was accidental. On appeal he urges the trial court erred in admitting hearsay evidence, in admitting irrelevant gang related evidence, and in failing to grant his motion for a judgment of acquittal. We find the court erroneously allowed hearsay evidence and therefore reverse the convictions and remand for retrial.

I. Background.

Joann Powell (Joann) died on October 20, 1993 as a result of a single shot to her head.…