Horton v. State

THOMAS, Justice.

The only question presented by this appeal is whether the admission of testimony from a physician treating a shooting victim in a hospital emergency room that included statements of the victim concerning the identity of his assailant constitutes reversible error. The hearsay statement was offered by the prosecuting attorney under Rule 803(4), W.R.E., relating to statements made for purposes of medical diagnosis or treatment. The trial court admitted the testimony, which did not specifically identify the defendant, invoking res gestae as a basis for admission. We hold that the…