California, United States of America
The following excerpt is from Damon H., In re, 165 Cal.App.3d 471, 211 Cal.Rptr. 623 (Cal. App. 1985):
Evidence Code section 1240, 2 upon which the court relied in overruling the minor's hearsay objection, provides as follows: "Evidence of a statement is not made inadmissible by the hearsay rule if the statement: [p] (a) Purports to narrate, describe, or explain an act, condition, or event perceived by the declarant; and [p] (b) Was made spontaneously while the declarant was under the stress of excitement caused by such perception." 3 This section permits admission of a spontaneous declaration notwithstanding the fact the declarant is too young to testify. (People v. Orduno (1978) 80 Cal.App.3d 738, 745, 145 Cal.Rptr. 806.)
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