Question
Paula Plaintiff sues David Defendant for personal injuries suffered as a result of a collision between their two automobiles. As David's black Ford struck Paula's
Paula Plaintiff sues David Defendant for personal injuries suffered as a result of a collision between their two automobiles. As David's black Ford struck Paula's blue Chevrolet, Walter Witness, standing next to the intersection began shaking and turned red-faced. About a minute later, Wilma Widear walked up to the intersection, and Walter ran toward her flailing his arms and yelling, "Did you see that? The black car went right through the red light and slammed into the blue one!" Paula's lawyer calls Wilma to testify to this statement at the trial against David. David's attorney objects "hearsay." The court should find the statement is:
Group of answer choices
A. Admissible as an excited utterance
B. Admissible as state of mind
C. Admissible if Walter were called to the stand to testify to his out-of-court statement
D. Inadmissible hearsay
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