question archive Joe Shar Bell came out of his apartment one day and observed a man known to him in the process of stealing the car belongingto Joe Shar Bell
Joe Shar Bell came out of his apartment one day and observed a man known to him in the process of stealing the car belongingto Joe Shar Bell
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Joe Shar Bell came out of his apartment one day and observed a man known to him in the process of stealing the car belongingto Joe Shar Bell. In his excitement over absorbing the theft of his car, Bell shouted, "Jose Rodriguez is stealing my car!" Bell's neighbor heard the words shouted by Bell indicating the identity of the car thief. Joe Shar Bell's neighbor
A. should be able to come to court and testify concerning the words that Joe Shar Bell shouted that related to the theft of the automobile because it should constitute an excited utterance, a hearsay exception.
B. would be permitted to testify concerning what Joe Shar Bell shouted because it is not considered hearsay evidence.
C. could not come into court and testify concerning the theft of Joe Shar Bell's car because the observation of the theft of one's car would not be an exciting event.
D. could not come into court and testify concerning what Joe Shar Bell shouted concerning the theft of his automobile because that would constitute hearsay evidence and be prohibited.
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A. should be able to come to court and testify concerning the words that Joe Shar Bell shouted that related to the theft of the automobile because it should constitute an excited utterance, a hearsay exception.
Step-by-step explanation
An excited utterance, in the law of evidence, is a statement made by a person in response to a startling or shocking event or condition. It is an unplanned reaction to a "startling event". An excited utterance is admissible under an exception to the hearsay rule.
In this instance, Joe Shar Bell's words qualify as excited utterance since he uttered them in response to the shock of finding his car being stolen by someone known to him.
