State v. Lewis

235 S.W.3d 136 (Tenn. 2007)

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Nature of the Case

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Facts

Finchum was shot during a robbery of his antique store. He later died from his injuries. Some three weeks before the shooting, D stopped at the store seeking an estimate of value for two vases. D was told to come back later. D returned looking for a gift for her mother who lived in New York. Finchum offered to travel to D's residence to examine the vases, but she declined, explaining that she would return with the vases later in the day. Finchum did not see the D again that day, but at approximately 10:00 a.m. on the day of the shooting, Finchum telephoned D and before ending the conversation remarked, 'I believe the woman with the vases is coming in.' One hour later the store was robbed. People working next door, Farmer and Summers, heard several loud crashes and saw the robbers. Finchum asked them to call for help as he had been shot in the heart. Finchum informed Farmer that 'they' tried to rob him and that 'a black man in blue jeans' had shot him. Detective Chastain arrived prior to the paramedics and observed the victim lying on the floor at the rear of the store. Finchum described his assailant as a 'young male black' and showed the detective a blue, 'floppy' hat that he had left behind. The paramedics arrived, and Finchum told Chastain that the lady's information is on the desk.' And then stated it was the lady with two vases and when asked if she was involved, Finchum said, 'I know she is.' The piece of paper had D's name on it with her driver's license and the words 'two vases.' Finchum died. The trial court admitted Finchum’s statements as dying declarations. D was convicted and appealed.