California, United States of America
The following excerpt is from People v. Numan, C056530 (Cal. App. 9/29/2008), C056530 (Cal. App. 2008):
Evidence of an extrajudicial statement may be admitted as an exception to the hearsay rule if it purports to narrate, describe, or explain an act, condition, or event perceived by the declarant, and was made spontaneously while the declarant was under the stress of excitement caused by such perception. (Evid. Code, 1240.) Admissibility under this rule of evidence requires (1) some occurrence that is startling enough to produce nervous excitement and to render the statement spontaneous and unreflecting, (2) the statement must have been made while the declarant was still under the influence of nervous excitement and did not have time to contrive and misrepresent, and (3) the utterance must relate to the occurrence preceding it. (People v. Poggi (1988) 45 Cal.3d 306, 318 (Poggi).)
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