What is the test for making a statement under the spontaneous declaration exception?

California, United States of America


The following excerpt is from People v. Pearch, 229 Cal.App.3d 1282, 280 Cal.Rptr. 584 (Cal. App. 1991):

" 'To render [statements] admissible [under the spontaneous declaration exception] it is required that (1) there must be some occurrence startling enough to produce this nervous excitement and render the utterance spontaneous and unreflecting; (2) the utterance must have been before there has been time to contrive and misrepresent, i.e., while the nervous excitement may be supposed still to dominate and the reflective powers to [229 Cal.App.3d 1290] be yet in abeyance; and (3) the utterance must relate to the circumstances of the occurrence preceding it.' [Citations.]" (People v. Poggi (1988) 45 Cal.3d 306, 318, 246 Cal.Rptr. 886, 753 P.2d 1082, cert. den. (1989) 492 U.S. 925, 109 S.Ct. 3261, 106 L.Ed.2d 606.)

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