State v. Crain

Defendant is charged with felony assault in the fourth degree arising out of a domestic dispute. ORS 163.160(3). The state appeals a trial court order excluding statements that the alleged victim made during a call to the emergency dispatcher at 9-1-1 and to police officers shortly after the events in issue. We reverse.

At a pretrial hearing, the state argued that the statements that the victim made during the call to 9-1-1 satisfied the requirements for excited utterances, OEC 803(2),1 and that the later statements to the officers satisfied the requirements for statements by a victim of…