Court of Criminal Appeals of Texas

Andrew Tyrone McCarty, Appellant v. the State of Texas

June 25, 20082008 Tex. Crim. App. LEXIS 759

Summary

The Court held that Texas Rule of Evidence 803(2) does not require the startling event that caused a declarant's excitement to be the same event described in the statement. Accordingly, the trial court's admission of the complainant's out‑of‑court statements as an excited utterance was proper and the judgment of the Court of Appeals was affirmed.