PEOPLE v. MORGAN

No. C045006.

23 Cal.Rptr.3d 224 (2005)

125 Cal.App.4th 935

The PEOPLE, Plaintiff and Respondent, v. Frances Nadene MORGAN et al., Defendants and Appellants.

Court of Appeals of California, Third District.

Review Denied April 20, 2005.


Attorney(s) appearing for the Case

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant Frances Nadene Morgan.

Laura P. Gordon, under appointment by the Court of Appeal, El Paso, TX, for Defendant and Appellant Douglas Roy Brown.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, J. Robert Jibson and Jesse Witt, Deputy Attorneys General, for Plaintiff and Respondent.


Certified for Partial Publication.*

MORRISON, J.

In this case we consider a question that has intrigued and divided scholars of the law of evidence, namely, whether implied assertions are hearsay. Here, the question arises in a common context. While officers were executing a search warrant for evidence of possession of a controlled substance for sale, an officer answers the phone and hears the caller ask to buy drugs. Are the caller...

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