Beavers v. State

Court of Criminal Appeals of Oklahoma

Decided November 19, 1985

Court of Criminal Appeals of Oklahoma · decided 1985-11-19

Relies on Munn v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-11-19

How this case has been cited

Cited by 8 later decisions — most recently August 2016

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PARKS, Justice,

¶1dissenting:

¶2This case should be reversed and remanded for a new trial.

¶3In reading the transcript, it is apparent the mother of the victim, K.W., was permit*706ted to testify to what C.F. had told her had happened to K.W. This is a flagrant use of hearsay testimony, and one that does not fall within the exceptions to the rule. Any statement taken by the police from C.F. occurred too remote in time to be an “excited utterance” exception to the hearsay rule. I feel that Munn v. State, 459 P.2d 628 (Okl.Cr.1967), cited by the majority, does not apply.