People v. Straight

We are asked in this appeal from defendant’s conviction of criminal sexual conduct to decide whether a child’s statements, made approximately one month after the event, as related *420by her parents, were properly admitted as substantive evidence under MRE 803(2) — the excited utterance exception to the hearsay rule. The statements concerned the details of the assault and the identity of her attacker.

We hold that these statements were not admissible as excited utterances under MRE 803(2). Further, in light of the substantive use of this evidence by the prosecuting attorney, it cannot be concluded…