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The defendant was on trial for shooting and killing a man at a restaurant after a violent argument. The prosecution calls a witness to testify
The defendant was on trial for shooting and killing a man at a restaurant after a violent argument. The prosecution calls a witness to testify that she was standing in the parking lot, and, as the defendant was leaving the restaurant, he dropped a gun into a nearby garbage can. Is the witness's testimony regarding the defendant's conduct admissible? Group of answer choices No, because the defendant's acts constitute assertive conduct. Yes, because nonassertive conduct is not hearsay, and it is otherwise admissible. Yes, as hearsay falling within the state-of-mind exception. No, because nothing was said
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