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Evidence Keyed to Best
State v. Shaw
Citation:
705 N.W.2d 620 (S.D. 2005)Facts
J.W.H. had several disagreements with his roommates, including Shaw. Shaw accused him of stealing items. The group decided one night to put together a fund to purchase beer. After Shaw returned to the home with his roommate, a fight ensued and Shaw was accused and eventually convicted of attempting to burden J.W.H.
Shaw argued during trial the statements offered by J.W.H. , ten days after the incident, which identified White Hat as the culprit and himself as a mere bystander, should have been admitted during trial as substantive evidence.
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