Ashley v. State

On Appellants’ Motion for Rehearing

DICE, Commissioner.

Appellants insist that we were in error in our holding that the admission in evidence of that portion of the telephone conversation between the deceased and his wife at about 5 o’clock, p. m., on the day of the killing, in which the deceased told his wife “to figure on having dinner at 6 o’clock,” over the objection that the same was hearsay and prejudicial, did not constitute reversible error. Appellants insist that the admission of such evidence constituted reversible error because it presented to the jury statements made by the deceased…