State v. Mahoney

Defendant appeals from a jury trial which resulted in his conviction of sexual abuse in the second degree and assault in the third degree. Defendant’s only assignment of error concerns the admission of hearsay statements of three witnesses. The statements were admitted under the "excited utterances” exception to the hearsay rule.

It is necessary to describe the sequence of events in some detail. The complaining witness, a 15-year-old male, was employed by defendant. Due to family problems the complainant was residing at the home of Cheryl Gates. On December 20,1976, at approximately 8:15 p.m.,…