Passley v. State

In Passley v. State, 323 Ark. 301, 915 S.W.2d 248 (1996) the appellant contended that the prejudicial effect of a 911 tape outweighed its probative value. The Court disagreed, and specifically noted that the 911 tape fell within the definition of an excited utterance. See id. at 310, 915 S.W.2d at 253. The court affirmed the trial court's ruling that the tape was probative as it served to explain why the police were searching for a certain car. See id., 915 S.W.2d at 253.