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MMLU / A woman has been charged with felony murder for holding up a convenience store…

Problem

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question

A woman has been charged with felony murder for holding up a convenience store and shooting the clerk during the course of the robbery. The prosecutor now wishes to introduce the testimony of a bystander who was in the parking lot and saw the shooting through a nearby window. The bystander proposes to testify that he heard a customer in the store scream out, "Knock that gun away! Don't let her do it again!"This evidence is admissible

choices

  1. as non-hearsay.
  2. if the bystander can be shown to have been a co-conspirator.
  3. as an excited utterance.
  4. as a statement made under belief of impending death.

subject

professional_law

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Source and history

Official source

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