Evidence-Wellborn SU2006 Outline

Example inadmissible billie made her statement approx

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Unformatted text preview: Availability of Declarant Immaterial Present Sense Impression: FRE 803(1)] Facts/Procedural Posture: Suit against Houston Oxygen Company for injuries sustained by appellee's minor son. Appellants contend that the courts below erred in holding inadmissible a statement offered by them made by Mrs. Sally Cooper shortly before the accident occurred. Jack Sanders said a Plymouth passed her on a curve of the highway traveling sixty or sixty-five miles an hour, and that it was bouncing up and zig-zagging. Sanders was asked if anyone in the car made any statement as the Plymouth went by and Ps objected. Trial court sustained objection. D's bill of exception discloses that the excluded statement of Mrs. Cooper, made just after the Plymouth passed by was: "they must have been drunk, that we would find them somewhere on the road wrecked if they kept up that rate of speed." Issue: Was the statement of Mrs. Cooper admissible as a statement of present sense impression under 803(1)? Holding: Statement was admissible o Was sufficiently spontaneous to save it from the suspicion of being m...
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