VOUDRIE v. STATE

6 Div. 776.

387 So.2d 248 (1980)

Michael Joseph VOUDRIE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 17, 1980.


Attorney(s) appearing for the Case

Robert R. Bryan and Roger C. Appell of Bryan & Appell, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Elizabeth Evans Campbell, Asst. Atty. Gen., for appellee.


BOWEN, Judge.

The defendant was indicted for the first degree murder of his wife. A jury convicted him of murder in the second degree and fixed sentence at ninety-nine years' imprisonment.

I

At trial the State introduced statements made by Mrs. Voudrie, the defendant's wife, to the police after she had been shot. The defendant contends that this testimony did not qualify as a dying declaration because Mrs. Voudrie exhibited "no settled hopeless expectation...

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