What is the test for using hearsay evidence in a criminal case?
California, United States of America
The following excerpt is from The People v. Morales, C061456, No. 06F01523, No. 07F06371 (Cal. App. 2010):
The same rule applies in criminal cases. (See People v. Ayers (2005) 125 Cal.App.4th 988, 994-996; People v. Baeske (1976) 58 Cal.App.3d 775, 779-781 [police report of a telephone call by a purported witness].) The hearsay evidence in the official documents could not be used for the truth of the matter asserted, namely, that a Black man shot the victim.
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