This section contains the nature of the case and procedural background.

Booth (D) was convicted for the murder of Ross. The state's evidence included the testimony of Harrison, who was on the telephone with Ross between 5:30 and 6:00 p.m. on the day of the murder. She said Ross told her that he was getting ready to make dinner, and was going to ask his company, a woman named Brenda, to leave. Harrison heard the door open and asked Ross who was there. Ross said Brenda was talking to someone behind the door. Harrison testified that Ross did not sound nervous or anxious. D objected to Harrison's testimony on the grounds that it was hearsay. The trial judge admitted the testimony under the present sense impression to the hearsay rule. D appeals.

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