Question: A car driven by James Murphy struck a boy and injured him. Immediately after the accident, according to the boys mother, Murphy told her that

A car driven by James Murphy struck a boy and injured him. Immediately after the accident, according to the boy’s mother, Murphy told her “that he was sorry, that he hoped her son wasn’t hurt. He said he had to call on a customer and was in a bit of a hurry to get home.” At trial, Murphy denied telling the boy’s mother that he was involved in his employment at the time of the accident. It was shown, however, that part of his normal duties for his employer, Ace Auto Parts Company, included making calls on customers in his car. Can the mother have the statement admitted in court as a spontaneous exclamation?

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