Legal Opinion · Concurrence

Henderson v. State

Indiana Supreme Court

Decided November 17, 1983No. 183 S 26Published

1ConcurrenceHunter, Justice

I fully concur with Section II of the majority opinion but disagree with its conclusion in Section I that the witness's testimony concerning the victim's threat to kill the defendant was inadmissible hearsay. I believe the testimony, when taken in context, was not hearsay and that the trial court erred in striking it from the record. However, this conclusion should not result in reversal in light of the fact that defendant has failed to show how he was harmed by the trial court's ruling.

Undoubtedly, only extra-judicial statements that are offered to prove the truth of the facts asserted by…

2Cases cited5 opinions

  1. Trustees of Indiana University v. WILLIAMSIndiana Supreme Court · 1969
  2. Dunaway v. StateIndiana Supreme Court · 1982
  3. Morse v. StateIndiana Supreme Court · 1980
  4. State Ex Rel. Smith v. Delaware County Superior CourtIndiana Supreme Court · 1982
  5. Huffman v. State Sign Co.Indiana Court of Appeals · 1969

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