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Gordon v. State

Testimony that defendant's girlfriend said everyone "knew he did it" was not subject to a hearsay objection because it was so speculative that it could not have been offered to prove the truth of the matter asserted.

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Randy Lamar Gordon was convicted of malice murder in the beating death of Raymond Conway.1 On appeal from the denial of his motion for new trial, Gordon challenges several evidentiary rulings of the trial court, and asserts that he was denied effective assistance of trial counsel. Finding no reversible error, we affirm.

Viewed in a light most favorable to the verdict, the evidence shows as follows: Just prior to midnight on October 31, 1984, Gordon and his cousin Barry Looney visited a game room where an argument ensued between Gordon and the victim, Raymond Conway, over a game of pool. Gordon insisted that he had won the game and he demanded Conway’s watch as payment. Gordon and Looney both admitted to leaving the premises that night in Looney’s car, accompanied by Conway. Conway was never seen alive again. One month later, two hunters discovered Conway’s body at the bottom of a ten-foot well near an abandoned mill. The cause of death was blunt force trauma to the head.

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