Cain v. State

Arterburn, C.J.*

The sole issue presented on this appeal of a second degree murder conviction is one of the admissibility of hearsay evidence. Our statute, IC 1971, 35-1-54-1 [Burns Ind. Ann. Stat. § 10-3404 (1956 Repl.)], defines the crime of second degree murder as follows: “Whoever, purposely and maliciously, but without premeditation, kills any human being, is guilty of murder in the second degree.”

At his trial before a jury, the defendant called as a witness his girlfriend to testify to remarks the defendant had made to her in conversation prior and subsequent to the killing. Appellant…