State v. Polk

BRANCH, Chief Justice.

Defendant contends that the trial court erred in admitting into evidence certain statements made by Laney Partin and Michael Peebles. Defendant maintains that these statements were hearsay and did not fall within the exception applicable to statements made by co-conspirators because the State had not shown that a conspiracy existed at the time the statements were made.

The rule governing the admission of co-conspirators’ statements is that once the State has made a prima facie showing of the existence of a conspiracy, “the acts and declarations of each party to it in…