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City of Colby v. Granston5/12/2000
admission of Dana's statement in this case.
On appeal, the City invokes K.S.A. 60-460(d)(1) and (2), hearsay exceptions for contemporaneous statements. Under these provisions, a hearsay statement is admissible if it was made "(1) while the declarant was perceiving the event or condition which the statement narrates, describes or explains, (2) while the declarant was under the stress of a nervous excitement caused by such perception."
We believe that the exception set forth in 60-460(d)(1) applies here. At the time Dana responded to the officer's question, she was perceiving and explaining the condition that her statement explains, i.e., the fact that she and her husband had been drinking. There was no error in admitting her statement to Officer Sitton.
Affirmed.
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