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Williams v. State

The trial court properly admitted the murder victim's hearsay statement under the necessity exception.

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Appellant Dorunte Williams was convicted of the malice murder of Stacy Barnett, aggravated assault involving family violence against Teresa Dubose, and possession of a firearm during the commission of a felony. On appeal, he contends only that the trial court erred by admitting a hearsay statement under the necessity exception. We affirm.1

1. Viewed in the light most favorable to the verdicts, the evidence at trial showed the following. On the morning of May 5, 2007, Dubose, who was Appellant’s girlfriend and the mother of his two children, was with him in her Athens apartment. Appellant began acting paranoid and accused Dubose of stealing his Mega Millions lottery ticket, which he said was worth millions of dollars, and hiring someone to knock him off and cash the ticket. Appellant, who was carrying a gun and a steak knife, demanded that Dubose call off the hit. He cut her left hand and poked her in the right knee with the knife in an attempt to get her to identify the supposed hitman. Dubose, who had not actually stolen Appellant’s lottery ticket or hired a hitman, attempted to calm Appellant down by saying that she would call off the hit. At some point, Dubose’s sisters and nieces came to the apartment, and Appellant asked Dubose and her family members, if there was a hit out to kill you, would you get them first Dubose left the apartment a short time later and spent the night at her niece’s home in Bowman, Georgia.

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