What is the test for making an utterance before there is time to be made?
California, United States of America
The following excerpt is from People v. Conlon, 2d Crim. No. B267560 (Cal. App. 2016):
was made before there was time to "'contrive and misrepresent, i.e., while the nervous excitement may be supposed still to dominate and the reflective powers to be yet in abeyance'"; and (3) the utterance relates to "'the circumstance of the occurrence preceding it.'" (People v. Poggi (1988) 45 Cal.3d 306, 318 (Poggi), citations omitted.)
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