Court of Criminal Appeals of Texas

A hearsay statement, made twenty hours after an altercation in response to a question and after the declarant appeared to be thinking about her answer, was an excited utterance, but the Court of Appeals did not apply the correct factual sufficiency standard.

Appellate Information

• Decided 02/05/2003
• Published 02/05/2003

Judges

• PRICE, J., delivered the unanimous opinion of the Court.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Ray Bass, Austin, for appellant., Ken Oden, County Attorney, Matthew Paul, State's Attorney, Austin, for state.