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A defendant was arrested for the felony of aggravated battery against a victim. A witness testified before a grand jury that she saw the defendant
A defendant was arrested for the felony of aggravated battery against a victim. A witness testified before a grand jury that she saw the defendant beat the victim with a baseball bat. The defendant was indicted and later convicted. The victim then sued the defendant for personal injuries. The witness could not be located. A second witness was produced and gave testimony similar to that given by the first witness before the grand jury. The victim's attorney offers as evidence, without prior notice to the defendant's attorney, a properly authenticated transcript of the testimony given earlier by the first witness before the grand jury. How should the court rule on the admissibility of the transcript of the grand jury testimony? Group of answer choices Admissible nonhearsay. Admissible under the former testimony exception to the rule against hearsay. Inadmissible hearsay. Inadmissible to rehabilitate the testimony of the second witness because he has not been impeached by a charge of recent fabrication or improper motive
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