What is the effect of a hearsay objection on a motion for a mistrial?
California, United States of America
The following excerpt is from People v. PEARSON, 165 Cal.App.4th 740, 81 Cal.Rptr.3d 234 (Cal. App. 2008):
The trial court overruled a hearsay objection and instructed that the evidence was not to be considered for the truth of the matter asserted, but as to the state of mind of the witness. Appellant makes no showing that the trial court abused its discretion in allowing the evidence to be heard or by denying his motion for mistrial. ( People v. Cox (2003) 30 Cal.4th 916, 953, 135 Cal.Rptr.2d 272, 70 P.3d 277.)
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