What is the test for making a spontaneous statement?

California, United States of America


The following excerpt is from People v. Scott, A154720 (Cal. App. 2020):

declarant is truly excited and makes a statement about a concurrently or recently perceived event before having the opportunity to think through the possible consequences of his utterance, it is likely to be a reliable statement"]; People v. Francis (1982) 129 Cal.App.3d 241, 254 [statement held to be spontaneous where made within 20 minutes of the stabbing under circumstances indicating emotional and physical stress and shock].) The court excluded N.S.'s statements only because the demonstrated falsity of her contact information sufficiently called into question her reliability.

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