Breakiron v. State

Although the period of time that lapsed between the occurrence of the startling event and the making of the statement is an important factor in determining the admissibility of such statements, the critical factor is whether the declarant was still dominated by the emotions, excitement, fear or pain of the event.

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OPINION

Perry Richard Breakiron appeals his conviction for assault causing bodily injury. He was tried by a jury and sentenced to thirty days’ confinement and fined $4,000.00. The sentence and fine were deemed satisfied by the court on account of pre-conviction incarceration.

Breakiron raises the following issues for our review. He contends that the trial court erred in failing to submit to the jury an instruction on the law of defense of property; the trial court erred in allowing inadmissible hearsay testimony in evidence; the evidence is legally and factually insufficient to sustain the conviction; and he received ineffective assistance of counsel. For reasons that follow, we affirm the judgment.

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Breakiron v. State

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