California Court of Appeal

Conviction and sentence for voluntary manslaughter and inflicting great bodily injury on a spouse is reversed where the trial court erred in admitting evidence of a declarant's statements to her doctor and a police officer that the defendant had caused her neck injury seven weeks earlier, pursuant to the "physical injury" exception to the hearsay rule for statements made "at or near" the time of the injury.

Appellate Information

• Decided 09/12/2007
• Published 09/12/2007

Judges

• McINTYRE J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Catherine White under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Ronald A. Jakob and David Delgado-Rucci, Deputy Attorneys General, for Plaintiff and Respondent.