Smith v. State

OPINION

TEAGUE, Judge.

Kenneth Eugene Smith, appellant, appeals his conviction by a jury for committing the offense of aggravated robbery. The jury also rejected appellant’s application for probation and assessed punishment at 10 years’ confinement in the penitentiary. We will reverse appellant’s conviction because we find that the trial court erred by admitting into evidence a spontaneous declaration of a person who did not testify at appellant’s trial. The spontaneous declaration contained an accusation that appellant had robbed and attempted to rape the declarant, and was the reason for…