Question: A pedestrian sees a mini-van coming toward an intersection where a train is running on its tracks. The mini-van is not slowing down or yielding
A pedestrian sees a mini-van coming toward an intersection where a train is running on its tracks. The mini-van is not slowing down or yielding to the oncoming train. The train conductor is beeping its horn repeatedly. The mini-van will not stop. The pedestrian sees the mini-van coming towards the intersection where a train and the mini-van are about to collide. The pedestrian shouts excitedly, "Look out! You (mini-van driver) are about to collide with the train!" May a witness bystander testify as to the pedestrian's statement?
Group of answer choices
Yes, as an excited utterance.
No, because the statement is offered for the truth of the matter asserted.
Yes, as a present sense impression.
No, because the statement is inadmissible hearsay evidence.
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