Unable to speak was eyewitness to robbery

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Reference no: EM133673810

Question

A witness who was unable to speak was an eyewitness to a robbery in the park. He went to the police station shortly after the crime was committed, and when asked who committed the robbery, pointed to the defendant in a police lineup in which there were several men who were dressed like the defendant and were the defendant's size. The defendant was then indicted for robbery. The witness died before trial, and the sergeant in charge of the lineup desires to testify at the defendant's trial that the witness pointed to the defendant at the lineup. Is his testimony admissible or hearsay.

Reference no: EM133673810

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