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STATE v. FLEMING

No. 7462-8-I.

27 Wn. App. 952 (1980)

621 P.2d 779

THE STATE OF WASHINGTON, Respondent, v. ALLAN WALTER FLEMING, Appellant.

The Court of Appeals of Washington, Division One.

December 17, 1980.

Attorney(s) appearing for the Case

Lewis H. Nomura of Seattle-King County Public Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Frederick L. Yeatts, Deputy, for respondent.

DORE, J.

Defendant appeals from his conviction of rape in the third degree. We affirm.

ISSUES

1. Whether the victim's statement to Ms. Jensen (a friend), approximately 3 hours after the rape, is an "excited utterance" and is admissible as an exception to the hearsay rule.

2. Whether the victim's complaint to Ms. Jensen that she had been raped raised a "hue and cry" and is admissible as bearing upon the victim's credibility.

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