Evidence-Wellborn SU2006 Outline

Mcclure v state hearsay effect on state of mind of

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: who continued to sell the product without change. Bad faith state of mind of listener (the company) o IN prosecution of union official for embezzlement by taking unauthorized salary increases, error to exclude his testimony that union presidents told him that the union constitution was to be interpreted flexibly, not strictly. o Records by Moore's supervisor as to Moore's conduct not hearsay when not offered to prove the conduct but to show Sears in good faith fired Moore for reason other than age (Sears acted in good faith) Example: Motive o Ex: (Appellant testifies that someone told him that the victim had $1100) The only assertion here is that the victim had $1100. Whether the victim in fact had $1100 is irrelevant. IT is relevant to show the response it evoked in appellant, who apparently believed it to be true. IT was not necessary that the trier of fact believe the truth or accuracy of the statement; the mere fact that it was said was relevant to show appellant had a motive to kill. o Ex: Witness says government official told him if...
View Full Document

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

Ask a homework question - tutors are online