Evidence-Wellborn SU2006 Outline

Example in a prosecution of a man for murder of his

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Unformatted text preview: ay statements Verbal parts of acts: Closely related category of nonhearsay utterance. In this category, the utterance establishes the legal character of an act it accompanies. Example words that accompany the delivery of money or property may establish a gift, a loan, a bribe, a bet, or payment of a debt. Example declarations by an occupant of land, offered to show that the possession was adverse. Random notes on hearsay exceptions? 801d(1) allows hearsay statements to be made when the declarant is a witness!! 801d(2) allows for admission by party-opponent. Anything that the accused said out of court, comes in over his hearsay objection and almost over every objection. The only thing that can protect you against your words is keeping your mouth shut! 803(3) state of mind, where a state of mind of a person is material, their statement as to their existing state of mind at the time of the crime is admissible. Hearsay: Effect on State of Mind of Listener or Reader Nonhearsay statements To show effect on state of mind of listener or reader. Another common type of nonhearsay utterance is a statement that is offered to show the effect on one who heard or read the statement. Example: In a prosecution of a man for murder of his wife (McClure v. State), it was error to excl...
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