Jerry and Kim Were Charged with Grand Theft for Stealing

Multiple Choice

Jerry and Kim were charged with grand theft for stealing a famous painting from a museum. The prosecution claims that Jerry planned the heist but the theft was carried out by Kim and Lewis. Lewis was given immunity in exchange for testifying against Jerry. Kim entered a guilty plea. Will Lewis be allowed to testify that Jerry became frightened when the police sounded their sirens and said, "This reminds me of years ago when I got caught trying to rob a bank."

A) Yes, it is an excited utterance.
B) Yes, it is a statement of mental state.
C) No, it does not relate to the events occurring at the time he made the statement.
D) No, Lewis has a reputation for untruthfulness.