What she says and the officer testifying to what she says

Reference no: EM133209895

Question - Eyewitness to a robbery is in the liquor stores at the time of the incident. She is traumatized by the fact that the robber used a gun during the robbery. When police enter the liquor store, the eyewitness who is very upset and sobbing yells to the police officers, "Ron Smith just robbed the place with a gun and he ran out down Hubbard Ave". Police apprehend Smith blocks away with a gun on his person and cash from the robbery. During trial, a police officer who entered the liquor store is asked on the witness stand by the prosecutor, "did anyone say anything when you walked in?" The police officer testifies, "yes". The prosecutors asks, "who was this and how did they seem?" The officer testifies, very upset and crying. Very distraught and emotional." The prosecutors ask the officer, "what did she say?". The police officer testifies, "Ron Smith just robbed the place with a gun and run down Hubbard Ave."

Is this hearsay in terms of what she says and the officer testifying to what she says? Is it an exception to the hearsay rule?

Reference no: EM133209895

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