offered to prove Grant was dead but was offered to show Jones knew the bodies had been discovered and was nervous. Therefore, this statement was not hearsay and was admissible. Arnold's personal observations of Jones on March 12, 1988, were also admissible. Arnold testified she drove to a motel and picked up Jones whereupon they went to buy a newspaper and map. They also went to a post office in Moore where Jones retrieved a letter. While Arnold's personal observations were admissible, Jones incriminating statements were not.
Linda Martindale testified Jones told her that she told Grant not to come back to court after Jones' and Grant's preliminary hearing in the Mabel Bassett drug smuggling case. Martindale also testified she accompanied Jones to a house on Triple X Roadafter the murders she was going to be his alibi witness. The State failed to show the statement was made during the time frame of the conspiracy. However, the statement was not offered to prove Shepherd would be Floyd's alibi witness, but to prove Floyd's state of mind and to explain why Shepherd never went back to Floyd's house. Therefore, the statement is not hearsay.
Gary Jones, husband of Patricia Beth Jones, testified Jones told him to come home because she heard about the police finding Grant's body. Jones also told Gary Jones that her attorney advised her to go to a hotel so the police would not pick her up for questioning until after the weekend. Clearly, these statements were made after the bodies were found and the