3.61 CB 245 Claude is struck by a car while he is crossing the street at an intersection and later dis from his injuries while still in the hospital. Claudes estate sues the driver of the car Q, for wrongful death. At trial, the estate calls a nurse to testify that four days after the accident and three hours before Claude died, Claude told the nurse that the car that hit him ran a red light. To lay the foundation for introducing Claudes sttement, the estate submits to the court an affidavit from a physician indicating that she was on duty the day he died and that Claude said several times he knew he was about to die. Does the hearsay rule allow the court to consider the affidavit? Does it allow introduction of the nurses testimony? 3.62 CB 246 Draco is being prosecuted for murder. At a preliminary hearing which Draco attends with his lawyer, Draco's alleged accomplice Edith testifies for the prosecution. But then the prosecution later calls Edith to the stand at Dracos trial to testify, she refuses and persists in her refusal even after the judge orders her to testify. The P then offers into evidence Edith's testimony at the hearing. Does the hearsay rule allow the transcript to be introduced