[DOWNLOAD] "Mchenry Evans v. State Texas" by Court of Criminal Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Mchenry Evans v. State Texas
- Author : Court of Criminal Appeals of Texas
- Release Date : January 24, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
An important exception to the hearsay rule is the exception for spontaneous utterances. The basis underlying the admission of this class of evidence is a psychological one, namely, the fact that when a man is in the instant grip of violent emotion, excitement or pain, he ordinarily loses the capacity for reflection necessary to the fabrication of a falsehood and the "truth will out." Texas Practice, Evidence, McCormick & Ray, Sec. 913, and cases cited therein. The assertion must have been made so soon after the occurrence that the declarant is still in the emotional grip of the shocking event, and the assertion must relate to the event. Patterson v. State, Tex.Crim.App., 458 S.W.2d 658; Bennett v. State, Tex.Crim.App., 382 S.W.2d 930; Oldham v. State, 167 Tex. Crim. 644, 322 S.W.2d 616.