California, United States of America
The following excerpt is from The People v. John Paul Nelson, D057195, D057198, No. BAF003133 (Cal. App. 2010):
Although the passage of time and the use of questions to elicit the statements are relevant factors to consider, they do not necessarily deprive a statement of its spontaneity. (People v. Poggi (1988) 45 Cal.3d 306, 319.) As explained in Poggi:" 'Neither lapse of time between the event and the declarations nor the fact that the declarations were elicited by questioning deprives the statements of spontaneity if it nevertheless appears that they were made under the stress of excitement and while the reflective powers were still in abeyance.' " (Ibid.)
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