Downey v. State

OPINION

Appellant Downey was convicted by a jury of murder, robbery and kidnapping. Because the district court admitted prejudicial hearsay evidence, his conviction must be reversed.

FACTS

On September 27, 1984, Jack Robedeau’s body was found by his neighbor, David Moensch. Robedeau was nude, with a towel over his body. The cause of death was asphyxia produced by a combination of strangulation (probably accomplished by a person standing behind the victim, choking him with an arm) and gagging caused by a sock pushed into his mouth. He was probably killed in the early afternoon of September 27.

Moen…