1705

The problem is one of hearsay within hearsay. The form itself, containing the date of arrival, is a routine business record prepared by the Hampton Inn. The facts supplied by the defendant is simply hearsay within the business record, and is therefore admissible if it satisfied a separate exception to the hearsay rule. In this case, when the guest gives her name and address, it is either a present sense impression (the guest was making a contemporaneous description of herself) or not an assertion at all but merely an identification.

Questions? Email tanford@indiana.edu and refer to 1805.

Go to problem 17C. The prosecutor wants to introduce the receipt to show that Waldron was not at the hotel. The defense objects to it as hearsay. What response by the prosecution?  When you think you know, click here.