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

Moore was seriously injured when he was shot several times outside a pool hall. Moore was seriously injured when he was shot several times outside a pool hall. In Colorado Springs. Moore had robbed D's home prior to the shooting and had fathered a child with D's wife, Eunice Green before she and D were married. At the time of the shooting, Eunice Green and the child resided with D. At trial, Muse gave testimony that D had hired Mitchell to kill Moore. Over D’s objection, D's sister-in-law, Lela Mae Clark, testified to an incident which occurred several weeks after the shooting. That D's wife told d 'she wasn't scared of him just because he had Frank [Moore] shot'; and that D did not respond to that statement. As Clark entered the bedroom, D told her that his wife had a gun and that D's wife raised a pillow and revealed a pistol to Clark before making the statement. D was convicted and appealed contending that the trial court erroneously concluded that Clark's testimony was admissible under the adoptive admission exemption to the prohibition against hearsay.

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