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November 14, 2022

The prosecutor wants to put on a witness that will testify to what the deceased said two nights before he was murdered.

The prosecutor wants to put on a witness that will testify to what the deceased said two nights before he was murdered. The testimony will be that the deceased told the witness that he thinks the defendant is out to get him. This is unquestionably hearsay. The defense lawyer objects! The prosecutor claims it is offered as impeachment! The defendant has not and will not testify on her behalf. Should this witness be allowed to testify? Why or why not?

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