State v. Twyford

HANSON, Judge

(dissenting).

In my opinion the testimony of the mother as to the conversation with her daughter about sexual intercourse with defendant should not have been admitted in evidence as the conversation (1) was not in the form of a complaint, and (2) was too remote in time after the alleged offense to be considered as a spontaneous utterance.

Such evidence was also, in my opinion, prejudicial and constituted reversible error.