What is the test for making a spontaneous and unreflective statement?

California, United States of America


The following excerpt is from People v. Webb, G055267 (Cal. App. 2019):

occurrence that produced nervous excitement, thus making the statement spontaneous and unreflecting; (2) the statement must have been made before there was time to contrive and misrepresent; and (3) the statement must relate to the occurrence preceding it." (People v. Becerrada (2017) 2 Cal.5th 1009, 1027.)

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