Oscar is on trial for beating Lola, his wife. Pat, a neighbor who saw Oscar hitting Lola, called the police. The violence escalated while Pat was talking to the 911 operator and Pat screamed, "He's going to kill her!" Lola was taken to the hospital. The officer confronted Oscar and asked him why he did it. Oscar did not answer. Five minutes later the officer arrested Oscar. The next day a police officer interviewed Lola and she made the following statement, "Oscar hit me because he was drunk. He does that all the time, but this time it was worse." Will Pat's statement to the 911 operator be admissible?

Question

Quizplus · Accepted Answer

Pat's statement to the 911 operator is admissible as an excited utterance, which is an exception to the hearsay rule. It was made during the stress of the event and relates to the startling event of the assault.

Oscar Is on Trial for Beating Lola, His Wife