State v. Fleming

Defendant appeals from his conviction of rape in the third degree. We affirm.

Issues

1. Whether the victim's statement to Ms. Jensen (a friend), approximately 3 hours after the rape, is an "excited utterance" and is admissible as an exception to the hearsay rule.

2. Whether the victim's complaint to Ms. Jensen that she had been raped raised a "hue and cry" and is admissible as bearing upon the victim's credibility.

3. Whether the victim's statement to a police officer approximately 3 to 6 hours after the rape is an "excited utterance" and constitutes admissible evidence.

4. Whether the victim's…