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Joe Shar Bell Came Out of His Apartment One Day

Question 34

Multiple Choice

Joe Shar Bell came out of his apartment one day and observed a man known to him in the process of stealing the car belonging to Joe Shar Bell. In his excitement over observing the theft of his car, Joe Shar Bell shouted, "José Rodriguez is stealing my car!" Joe Shar Bell's neighbor heard the words shouted by Joe indicating the identity of the car thief. Joe Shar Bell's neighbor:


A) could not come into court and testify concerning what Joe Shar Bell shouted concerning the theft of his automobile because that would constitute hearsay evidence and be prohibited.
B) could not come into court and testify concerning the theft of Joe Shar Bell's car because the theft of one's car that one observed would not be an exciting event.
C) should be able to come to court and testify concerning the words that Joe Shar Bell shouted that related to the theft of the automobile of Joe Shar Bell because it should constitute an excited utterance, which is a hearsay exception.
D) would be permitted to testify concerning what Joe Shar Bell shouted because it is not considered hearsay evidence.

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