Kilgore v. State

Kilgore (defendant) killed Norman using money from Carden, Norman's brother-in-law; the State (plaintiff) introduced testimony from Oldaker about a separate, earlier attempt on Norman's life that Oldaker and his cousin carried out under Carden's orders, over Kilgore's hearsay objection, since Oldaker's testimony was the only link tying Carden to that earlier attack. Kilgore appealed the admission of Oldaker's testimony as improperly relying on a co-conspirator exception without a true conspiracy connecting Kilgore to Oldaker.