People v. Gee

The defendant asks us to decide whether the trial judge in a criminal sexual assault case erred in allowing testimony under the excited utterance exception to the hearsay rule by the complainant’s boyfriend as to what complainant told him about the alleged assault 12 hours after the assault.

I

The complainant met the defendant at a party at the home of mutual friends. They had met before, but were only slightly acquainted.

At about midnight the complainant accepted the defendant’s offer of a ride home, as did two other persons at the party. The defendant dropped off the other two, but did not…