Walthour v. State

Sears, Justice.

Andrew Walthour appeals from his malice murder conviction and resulting life sentence, claiming that hearsay evidence was improperly admitted in the State’s case against him. We find that the hearsay evidence Walthour complains of was an excited utterance, and thus was properly admitted under the res gestae exception to the rule against hearsay. We also find that the trial court’s jury instructions were accurate, and that Walthour received effective assistance from trial counsel. Therefore, we affirm.

The evidence introduced at trial was sufficient to enable a rational trier of…