Defendant McKdbbons appeals her conviction of voluntary manslaughter. The victim was defendant’s son, Theodore Demetrius Russell. Held:
1. The trial court did nоt err in denying defendant’s motion for new trial on the general grounds. Stated in the light most favorable to sustaining the verdict of the jury, the evidence at trial showed that the victim drove defendant and his grandmother to the theater where it was discovered that the performance had been canceled. Upon their return home a dispute arose between the victim and defendant concerning the volume at which the victim was playing a radio. The noisy argument continued for a time in defendant’s bedroom behind a closed door. The victim then exited defendant’s room and was following his grandmother towards the den of the home when defendant came out of her room with a revolver. Defendant *453 approached the victim hоlding the revolver up while defendant’s mother (the victim’s grandmother) shouted “don’t do that,” but defendant fired the revolver fatally wounding the victim.
Defendant testifiеd and described a physical fight with the victim in which she was hit, thrown against furniture, and threatened with a knife. The revolver fired unintentionally according to defendant. Police officers testified that there was no visible injury to defendant and she did not seek treatment for any physical injury. A firearms expert testified that the revolver would not fire unless the trigger was pulled.
“With respect to [defendant’s] intent to kill, criminal intention is a jury question, and a jury’s finding on that issue will not be disturbеd on appeal unless contrary to the evidence and clearly erroneous. See
Peterson v. State,
2. The first enumeration of error maintains that the trial court erred in allowing the State to elicit hearsay testimony regarding prior diffiсulties between defendant and the victim. The State attempted to elicit such testimony from two witnesses.
Witness Brooks testified that he became familiar with the victim through the “Big Brothers Program.” After serving as the victim’s mentor under this program for over a year and a half, Brooks continued to be a friend and confidant. After high school, the victim resided with Brooks until the time of his death.
Over defendant’s objections on several grounds, including that it was hearsay, Brooks was permitted to testify concerning a 1990 conversation in which the victim had told about prior difficulties with defendant. In that conversation, the victim had stated that he had been cutting hedges, that defendant was dissatisfied with the job the victim was doing, and that defendant was being verbally abusive. When the victim had talked back, defendant had threatened to go get her “gun” and shoot him. The defendant Teft the scene for a short time and then returned to tell the viсtim that he was lucky because *454 she could not find her “gun.”
Subsequently, Brooks confronted defendant concerning the incident the victim had related to him. Defendant acknowledged the incident but opined that it was not Brooks’ business.
While hearsay may not be admitted solely on the ground that it concerns prior difficulties, the tеstimony concerning the 1990 conversation falls within the necessity exception to the hearsay rule. “The two prerequisites for the admission of hearsay because of necessity are 1) necessity, and 2) particularized guarantees of trustworthiness.
McKissick v. State,
Witness Battle also gave prior difficulties testimony of which defеndant complains. While the defendant’s objection to this witness’ testimony was sustained and the jury was instructed at length to disregard the testimony of this witness, defendant maintains that her motion for mistrial should have been granted. However, defense counsel failed to state any basis for the motion for mistrial, and thе curative instructions given by the trial court were sufficient to remove any improper impression arising from the testimony of witness Battle.
Willingham v. State,
3. Defendant аlso contends that the trial court erred in permitting the State to present certain similar transaction evidence.
Williams v. State,
The similar transаction evidence at issue showed a dispute between defendant and a next-door neighbor. The neighbor was cutting hedges on her (the neighbor’s) property when defendant objected. Defendant proceeded onto the neighbor’s property, threatened her with a rake, and also threatened to shoot the neighbor. The neighbor called police. A police officer who responded to the call testified as to speaking to defendant and stated that defendant acknowledged threatening the neighbor and mentioned that she had a .38 caliber hаndgun.
As in
Willis v. State,
Judgment affirmed.