In State v. Guess

In In State v. Guess, 44 Conn. App. 790, 810, 692 A.2d 849 (1997), under the state of mind exception to the hearsay rule, the state offered evidence of a specific prior act of the victim, namely, that the victim had threatened the defendant. The state argued, and this court agreed, that it was reasonable to infer from the threat that there was animosity between the victim and the defendant, and that the defendant had wanted to take revenge on the victim. The court distinguished the facts of Guess from the situation in which the state seeks to submit evidence of a victim's fear to show animosity between a victim and a defendant. The court noted that "hatred begets more anger and perhaps revenge, while fear is far less likely to produce a heated response." State v. Guess, supra, 44 Conn. App. at 810.