United States v. Whitney

DECISION

HODGSON, Chief Judge:

The principal issue before us is whether the military judge erred by admitting an alleged excited utterance by a three year old child concerning an event that occurred four days before. Appellate defense coun*701sel argue that Mil.R.Evid. 803(2)1 requires that the declarant’s statement be spontaneous, excited or impulsive rather than the product of reflection or deliberation. They contend that the Rule does not contemplate a four day delay between the event and a statement concerning it. We hold the trial judge erroneously admitted the statement, but finding no…