finding state-of-mind testimony to be admissible where defendant claimed victim accidentally fell down stairs
How later courts described this case
- finding state-of-mind testimony to be admissible where defendant claimed victim accidentally fell down stairs
Written by the judges who cited it.
The opinion
MACK, Associate Judge,
concurring:
I do not read this record as presenting a defense that would have permitted the admission of this evidence as bearing upon the state of mind exception to the hearsay rule. See United States v. Brown, 160 U.S.App.D.C. 190, 212 , 490 F.2d 758, 780 (1973) (as amended Jan. 10, 1974). Nevertheless I concur in affirmance. See Kotteakos v. United States, 328 U.S. 750, 764-65 , 66 S.Ct. 1239 , 90 L.Ed. 1557 (1946). Cf. Campbell v. United States, D.C.App., 391 A.2d 283 (1978) (prejudicial error).