Bertrang v. State

The pivotal issue on this review is whether an oral statement allegedly made by the victim to her mother the day after the event was hearsay, and if so, whether it was improperly received in testimony.

At trial Mrs. Bertrang was called by the state, and on cross-examination the following occurred:

“Q. Directing your attention to Saturday morning, after you talked to Tammy and discovered blood in her panties, did you discuss the blood with her? You can answer that ‘Yes’ or ‘No.’ A. No, I didn’t discuss the blood.

“Q. Did you inquire as to whether or not something had happened? A. Yes.

“Q. Please…