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STATE of Missouri, Respondent, v. Will FRAZIER, Appellant.

Missouri Court of Appeals, Eastern District, DIVISION FOUR2018-06-12No. No. ED 105756
548 S.W.3d 927

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Opinion

majority opinion

PER CURIAM.

Will Frazier (Defendant) appeals his conviction of one count of assault in the second degree in violation of § 565.060. In his sole point, Defendant claims the trial court abused its discretion in overruling Defendants objection and in admitting Danny Strattons (Victims) testimony at trial that an unidentified woman screamed stop hitting him or stop kicking him while Defendant was in a physical altercation with Victim. Defendant argues the womans statement was inadmissible hearsay and the statement was testimonial in nature, thereby violating his constitutional rights to due process, a fair trial, and to confront the witnesses against him. We find the unidentified womans statement was admissible as an excited utterance. We also find the womans statement was not testimonial. Accordingly, we affirm the judgment of the trial court.

No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 30.25(b).