Stockard v. State

In its petition for writ of certiorari, the State asks this Court to review the judgment of the Court of Criminal Appeals,391 So.2d 1049, in reversing the first degree murder conviction of the defendant, Herbert Stockard. In support of its petition, the State makes two basic contentions:(1) The Court of Criminal Appeals erred in holding that statements made by the victim in an extrajudicial conversation held outside the presence of the defendant were inadmissible because: the statements were made in a conversation which was a part of the res gestae, and, the portion of the conversation was…