Murder at the Seaside Bistro

 

Charge: first-degree murder. M.O.: blowing V's head off with a shotgun. Time: 10 a.m., June 1. The day after the murder Officer Kojak interviews H, the owner of the Seaside Bistro, in which the shooting occurred. In Kojak's presence H prepares and signs a statement that says, "I saw D shoot V."

At D's trial the first witness is Kojak. Kojak identifies H's written statement and says, "H is dead." H's statement is offered. D objects. What ruling and why? Is H's statement hearsay? If it is hearsay, should it be admitted nonetheless? If it is not hearsay, should it be excluded anyhow?



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