Question
In the prosecution of Bryan for burglary of Emily's home, Emily died before trial. To prove that he didn't commit the burglary, Bryan calls Marc
In the prosecution of Bryan for burglary of Emily's home, Emily died before trial. To prove that he didn't commit the burglary, Bryan calls Marc to the stand to testify that just before Emily died she said, "The end is near. I don't know if I picked the right guy out of the lineup." At the lineup, Emily picked Bryan as the perpetrator. The prosecution makes a hearsay objection to Marc's testimony about Emily's statement to him.
Of the following, which is Bryan's best argument for admitting Marc's testimony concerning Emily's statement?
A. | The statement is not hearsay. | |
B. | The statement is hearsay but admissible as a declaration against interest. | |
C. | The statement is hearsay but admissible as a dying declaration. | |
D. | Although the statement is hearsay and does not fall within an exception, the court must admit it to protect Bryan's constitutional right to due process and to present a defense. |
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