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Todd v. State

The victim's statements to her sister were admissible under the necessity exception to the hearsay rule.

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Reginald Todd was convicted of malice murder in connection with the death of his wife, Loretta Todd. For the reasons that follow, we affirm.1

Evidence showed that Todd called police to his home. When the first officer arrived, Todd stated: “I made a mistake.” He then led the officer to the bedroom where Loretta’s body lay on the bed, with gunshot wounds to the head. Todd told another officer that he had thrown the pistol outside. He gave a statement to the police in which he said that he and the victim had argued, and she began to gather articles of clothing and stated that she was leaving Todd and their marriage. Todd threw the victim on the bed, got on top of her, asked whether she was trying to “hurt me or kill me or something” The victim said no, that if Todd did not kill her, this would be the last time he saw her. He took the pistol from under the pillow and shot into the floor. The victim said that Todd did not scare her and that their marriage was over. Todd then “snapped” and shot her.

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