Court of Appeals of Oregon March 28, 2001, C99-1535CR; CA A107991 (State v. Rumary)

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HASELTON, P. J.

The state appeals from a pretrial order denying its motion to admit hearsay statements by the declarant/ complainant under the “excited utterance” exception to the hearsay rule. OEC 803(2).

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ORS 138.060(3). In particular, the state argues that the trial court erred in concluding that, under

State v.