On television, this exception is often referred to as "excited utterance," and while some statutes do use that terminology, it can lead to a misunderstanding. Spontaneity is the key factor in each instance, though arrived at by somewhat different routes.
United States, 82 U.
Howden, 73 N. Rhodes Co. However, when declarant is an unidentified bystander, the cases indicate hesitancy in upholding the statement alone as sufficient, Garrett v.
Sometimes the fact that a statement has been, is itself the relevant question. For example, a statement made by a witness to a crime, as it happened or within moments thereafter, may be admissible as such on this ground.