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Evidence keyed to Waltz
Soles v. State
Facts
While the deceased and a small party of other men were out looking for whiskey for one of the men, they were scared away from an area by what sounded like a gunshot. Two men who had left the vehicle, got back in and they began to drive away. Clifford Long (“Mr. Long”) was then wounded in the back of the head with a twenty two caliber rifle (the “rifle”). About twenty five minutes after he was shot, his father asked Mr. Long who had hurt him. Mr. Long replied that Carl Soles (“Mr. Soles”) had shot him with the rifle. The defense objected to this statement at trial, but the objection was overruled. The defense also asked that a limiting instruction be given to the jury indicating that, should they not believe that the statement in question was made under fear of impending death, they should discount it during deliberation. The judge refused to give the instruction.
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