STATE v. WALLACE

No. 87-1155.

37 Ohio St. 3d 87 (1988)

THE STATE OF OHIO, APPELLANT, v. WALLACE, APPELLEE.

Supreme Court of Ohio.

Decided June 8, 1988.


Attorney(s) appearing for the Case

Arthur M. Ney, Jr., prosecuting attorney, Christian J. Schaefer, James E. Applegate and James E. Butler, for appellant.

James A. Vogele, for appellee.


H. BROWN, J.

The out-of-court statements made by Tangy to Polly Partin are hearsay. The issues in this case are whether Tangy's statements qualify as excited utterances for purposes of Evid. R. 803(2), and whether the inability, at trial, to establish the testimonial competency of a child declarant affects the admissibility of the child's out-of-court declarations. We hold that Tangy's statements fit within the excited-utterance exception to the hearsay rule, and...

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