Gibbons v. State

OPINION

Appellant was convicted of kidnapping and sexual assault. During the trial two police matrons were allowed to testify in great detail concerning what the victim told them about the incident after its occurrence.

“Such testimony is hearsay, and was inadmissible in evidence except in her [the victim’s] cross-examination, or as confirmatory of her story if attacked.” State v. Campbell, 20 Nev. 122, 126, 17 P. 620, 623 (1888).

The testimony was admitted by the trial court under the “res gestae” exception to the hearsay rule; however the testimony clearly was not admissible under any…