(Download) "State Idaho v. Denver James Burton" by Court of Appeals of Idaho No. 17555 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Denver James Burton
- Author : Court of Appeals of Idaho No. 17555
- Release Date : January 03, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Denver James Burton stands convicted of two counts of aggravated battery, and one count of using a firearm during the commission
of a crime. The sole issue on appeal is whether the district Judge at trial erred in excluding evidence offered by Burton's
counsel under the "excited utterance" exception to the hearsay rule. Today, we uphold the Judge's ruling and affirm the judgment
of conviction. The facts may be summarized briefly. Burton and his eighteen-year-old son were drinking at a tavern in Boise, when a disagreement
arose over who would light a woman's cigarette. Burton's son attempted to light the cigarette, but another bar patron blew
it out. An altercation followed. At some point, Burton pulled out a pistol and fired two shots into the ceiling. Shortly thereafter,
he and his son exited through a side door and walked to their car. Two bar patrons followed them. Burton fired another shot.
The bullet struck one of the patrons in the forearm and then ricocheted, striking the other patron in the chest.
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