[wideawake]

No, it is not admissable - unless he is being prosecuted not for her murder but for the beating that took place on the day of the 911 call.

Say, for example, he was being prosecuted solely for assaulting her and while the prosecution was preparing to go to trial she was hit by a city bus and killed in front of witnesses.

The prosecution would not have a complaining witness, but they would have her excited utterance on the 911 tape.

[DoughtyOne]

Thanks for the response. I think we’re in agreement.

I will say that the bus incident wasn’t what I was thinking of. I was thinking more along the lines of her being found dead in the same apartment where the police responded weeks earlier.

[Borges]

Couldn't the prior phone call be used as evidence of violent intent in the past and the basis for a ‘motive’? I plead ignorance about the legal technicalities here.