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W testifies, I saw Mrs. Jones about three hundred yards away walking with her baby in her arms. Opposing counsel objects on the grounds of
W testifies, "I saw Mrs. Jones about three hundred yards away walking with her baby in her arms." Opposing counsel objects on the grounds of opinion testimony.
a) What ruling and why? b) Would it effect the court's ruling if the case turns on the identity of the baby in Mrs. Jones' arms? c) What if the witness relating the statement is unavailable at trial? If the statement is admissible through a hearsay exception, would it be admissible as a lay witness opinion?
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