Shepard (defendant) was charged with murdering his wife. In proving the charge, the prosecution seek to introduce into proof a statement by Shepard’s wife to she nurse stating that her husband had actually poisoned her. The district court and the United states Court that Appeals for the Tenth Circuit admitted the nurse’s proof as a dice declaration, an exemption to the hearsay rule. Based upon this evidence, Shepard to be convicted the murder. The Court that Appeals affirmed. Shepard appealed.

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