State v. Duncan

Appellant contends that the Court of Appeals erred in holding that certain statements made by the victim to her mother, concerning the sexual conduct of the appellee, were inadmissible because they lacked the essential attributes of spontaneity.

The record discloses that near the hour of 11:00 A. M., on Saturday, March 8, 1975, the victim was at home in her bedroom, watching television, while her infant sister slept in a crib nearby. The girl’s stepfather, appellee herein, was absent from the home when the victim’s mother went out to a laundromat. Shortly thereafter, according to the victim,…