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Unformatted text preview: ifference between verbal acts (where the saying of the words is a legal event) and this category where the words are a piece of circumstantial evidence from which we are going to make an inference about the listener's state of mind. KEY: Is that person's state of mind material?? State of mind of declarant = hearsay o Sometimes though is non hearsay, (Then-existing) State of mind of listener = admissible non-hearsay Hearsay Implied Assertions
(1) (2) (3) (4) N: V said, "D did this." VERBAL ASSERTION N: V pointed/gestured NONVERBAL ASSERTION N: V hid from D NONASSERTIVE NONVERBAL CONDUCT N: V said, "Don't let D in here!" NONASSERTIVE VERBAL CONDUCT N : when D appeared, V said, "I didn't tell!" ASSERTION OFFERED FOR IMPLICATION, NON MATTER ASSERTED (5) Matter implied by utterance: The hearsay rule is not violated if an out-of-court utterance is offered to prove a matter implied by, but not asserted in, the utterance. Example Nonhearsay. In a prosecution for illegal bookmaking,...
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