Bradwell v. State

The appellant appeals a second degree murder conviction following a jury trial. The appellant had been living with the victim and her young son when, §fter a drinking bout, an altercation occurred. The victim was found dead by the young son. The appellant disappeared the night of the altercation and was apprehended some months later.

The trial court ruled that the victim’s son, who was five at the time of the incident, would be permitted to testify. During the time he was before the jury and testifying, he blurted out “My mommy died, cause my — cause Chester was fussing at her.” Immediately a…