Evidence-Wellborn SU2006 Outline

But thats not what triggers the statement statement

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: kling. She claimed that days prior to the accident she had reported to the city that the stop sign was down." City contends that the statement was inadmissible hearsay. Argues that the statement bears no relationship to the events immediately preceding the accident, the accident itself, or the resulting injuries Issue: Was the woman's statement an excited utterance? Holding: The woman's statement was admissible as an excited utterance. "Relates to happenings causative of the accident" Permissible subject matter of the statement is limited under present sense impression to description or explanation of the event or condition. In exception 2 however, the statement need only "Relate" to the startling event or condition, thus affording a broader scope of subject matter coverage. Time element is important only with respect to the duration of the declarant's state of excitement. Only requirement concerning time with respect to admission of excited utterances is the necessity that the s...
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