State v. Richards

Defendant appeals a judgment of conviction, entered after a bench trial, for attempted murder, ORS 163.115; ORS 161.405, assault in the second degree, ORS 163.175, two counts of unlawful use of a weapon, ORS 166.220, and two counts of menacing, ORS 163.190. He assigns error to the trial court’s exclusion of a witness statement as hearsay, arguing that the statement falls within the “excited utterance” exception to the hearsay exclusionary rule. See OEC 802 (rule against hearsay); OEC 803(2) (hearsay rule does not exclude “[a] statement relating to a startling event or condition made while the…