|Charge: knowingly receiving
stolen goods (two diamond earrings) by D from Jenkens on June 1.
At trial the prosecution makes out a prima facie case and rests. D
proposes to testify that Jenkens gave him the diamond earrings on June 1,
told D that he had bought them as an anniversary gift for his wife,
and asked him to keep them until Mr. and Mrs. Jenkens's anniversary on June
7, so that Jenkens could surprise his wife. D further testifies
that he believed Jenkens. The D.A. objects. What ruling and why? Is D's
proposed testimony hearsay? If it is hearsay, should it be admitted anyhow?
If it is not hearsay, should it nonetheless be excluded?