State v. Hampton

OPINION

in which WILLIAMS and OGLE, JJ., joined.

The defendant was convicted of second degree murder. There were no eyewitnesses to the killing and the murder weapon, a shotgun, was never recovered. In this appeal, the defendant asserts that the trial court improperly admitted hearsay evidence in the form of the victim’s identification of the defendant and that his sentence was excessive. We find that the victim’s identification of the defendant did not constitute a dying declaration and was, therefore, inadmissible hearsay. Accord ingly, we reverse the judgment of the trial court and remand…