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ALSTON v. UNITED STATES

No. 81-1446.

462 A.2d 1122 (1983)

Cecil G. ALSTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 16, 1983.

Attorney(s) appearing for the Case

Samuel M. Shapiro, Rockville, Md., for appellant.

Helen M. Bollwerk, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., John A. Terry, Asst. U.S. Atty., at the time the briefs were filed, Michael W. Farrell and Mary Ellen Abrecht, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEBEKER and MACK, Associate Judges, and GARDNER, Associate Judge, Superior Court of the District of Columbia.

MACK, Associate Judge:

Following a jury trial, appellant was convicted of assault with intent to commit carnal knowledge in violation of D.C.Code § 22-501 (1981). Appellant asserts that testimony of three government witnesses as to statements made by the victim, appellant's four-year-old step-daughter, were improperly classified as spontaneous utterances and erroneously admitted under that exception to the hearsay rule.1 We find that...

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