Saturday, July 05, 2008

Res Gestae hearsay exceptions

I first saw this when I took pre-trial litigation:



For the longest time, I thought that res gestae only refered to excited utterance, but that's simply wrong. Excited utterance, mental or physical state, sensory impressions all seem to be res gestae. Maybe dying declaration too? It doesn't really matter as its also clear a hearsay exception.
"Too late or still too soon too soon to make lots of bad love and there's no time for sorrow. Run around, run around with a hole in your head 'til tomorrow."
-----They Might Be Giants