California, United States of America
The following excerpt is from People v. Green, F061482 (Cal. App. 2013):
Moreover, the record clearly shows she remained excited and upset throughout the conversation, and was still extremely fearful when the police arrived. (See People v. Lynch (2010) 50 Cal.4th 693, 753-754, overruled on another ground in People v. McKinnon (2011) 52 Cal.4th 610, 637.) "'A statement made long after an observed act should generally be excluded because the declarant would no longer be under stress of excitement from the act observed. But if the elapsed time is accounted for by shock, unconsciousness, or fear, belated statements may still be admissible as spontaneous statements made while the declarant is under the stress of excitement. [Citation.]' [Citation.]" (People v. Gutierrez, supra, 78 Cal.App.4th at pp. 178-179, fn. 9, italics added.)
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