State v. Brown

Defendant Brown appeals her bench conviction in the Third Judicial District, Powell County. She was found guilty of conspiring to violate Section 45-7-307, MCA, by delivering a pistol to her husband, David Lee Brown, who was an inmate in the Montana State Prison. On June 10, 1987, defendant was sentenced to ten years in the Montana Women’s Correctional Center. We reverse and remand.

The parties raise the following issues for our review:

1. Did the District Court properly admit David Lee Brown’s suicide note into evidence as an exception to hearsay under Rules 803(24) and 804(b)(5), Mont.R.Evid.?