dissenting:
I dissent. The Majority holds that an alleged excited utterance cannot be admitted as an exception to the hearsay rule without independent evidence that a startling event has occurred. Although such a rule exists in a minority of jurisdictions, it is in conflict with my understanding of the law of this Commonwealth.
McCormick On Evidence, § 297 (2d ed.1972) merely reflects the majority and minority positions on this issue:
“Under generally prevailing practice, the declaration itself is taken as sufficient proof of the exciting event and therefore the declaration is admissible despite absence of other proof that an exciting event occurred. The Texas courts, however, have recently taken a position that an excited utterance is admissible only if other proof is presented which supports a finding of fact that the exciting event did occur.” (Footnotes omitted).
The Majority has decided to follow the leading Texas decision cited by Professor McCormick, Truck Insurance Exchange v. Michling, 364 S.W.2d 172 (Tex.1963) while ignoring the generally prevailing practice. In Truck Insurance Exchange, a case involving death benefits under Texas workmen’s compensation law, the deceased’s statement to his wife that he had injured himself at work was the only evidence of the event. The Supreme Court of Texas held that “[Tjhere must be evidence of an act itself admissible in the case independently of the declaration that accompanies it.” 364 S.W.2d at 175. Contra to this holding is Cody v. S.K.F. Industries, Inc., 447 Pa. 558, 291 A.2d 772 (1972) where the Pennsylvania Supreme Court held that a physician can testify to statements relating the cause of an injury even though such statements are not part of the res gestae and are the only evidence available to explain the cause of injury. The Court justified this holding because of the circumstantial guarantees of trustworthiness and necessity. The necessity requirement was met since the only witness able to relate the cause of the injury had died, and since the evidence was not available from any other source. *489The declaration was considered trustworthy because the statements were made to a physician in order to get treatment under circumstances that cast no suspicion on the genuiness of the utterance. Id. at 291 A.2d at 776, 777. The Court carved out this new exception to the hearsay rule since the statements could not be admitted as an excited utterance due to the three day time lapse between the event and the medical examination. In other words, the spontaneity that insures the trustworthiness of a res gestae statement was missing.
In the case at hand, Officer Palmer, testified that when he answered Mr. Rock’s call to the police, Mr. Rock’s demeanor was “upset, loud” (TT p. 14) and “he was cursing” (TT p. 15) Palmer quoted Rock as stating, “That son-of-a-bitch stole some money from me.” (TT p. 15) He further testified that the actor lived on the second floor where Palmer, the victim and Palmer’s partner immediately proceeded. Palmer testified that Rock told him that the incident occurred about ten or fifteen minutes prior to Palmer’s arrival. Rock told Palmer, according to Palmer, that the actor went to Rock’s apartment on the third floor, threw a sheet over Rock’s head, hit him and threw him to the floor. The actor then took $300 from Rock’s bedroom bureau.
Arriving at the second floor apartment, Palmer knocked on the door which was answered by appellant. Thereupon, Palmer said that Rock stated, “There’s the son-of-a-bitch right there that took my money.” (TT p. 17) Palmer described Rock’s demeanor at that time—some two or three minutes after first arriving at the scene—as “mad.” (TT p. 19) The litmus test of the admissability of the res gestae declaration is whether the impression of truth is borne by it, and the declaration is to be foreclosed from evidence if it is merely a recitation of a past event. Commonwealth v. Cupps, 157 Pa.Super. 341, 43 A.2d 545 (1945). On the other hand, it is not rendered inadmissible merely because it was not ejaculatory (Commonwealth v. Logan, 361 Pa. 186, 63 A.2d 28 (1949)) or because it was elicited by a question *490(Commonwealth v. Noble, 371 Pa. 138, 88 A.2d 760 (1952)). An otherwise admissible statement is not disqualified because it contains a conclusion of law. Commonwealth v. Rogozinski, 387 Pa. 399, 128 A.2d 28 (1956). Further, a victim’s declaration may be used to identify the defendant as the guilty party (Commonwealth v. Fugmann, 330 Pa. 4, 198 A. 99 (1938)) a half hour after the event and on the telephone. Commonwealth v. Goetz, 129 Pa.Super. 22, 195 A. 144 (1937). The case of Commonwealth v. Cheeks, 423 Pa. 67, 223 A.2d 291 (1966), with the cases cited therein is instructive:
“The rule permitting res gestae declarations to be introduced in evidence is an exception to the hearsay rule. The principle is based upon the rationale that a spontaneous declaration of an individual who has recently suffered an overpowering emotional and shocking experience is likely to be truthful. See, 1 Henry, Penna. Evidence, § 466 (1953). Such evidence is limited to declarations supporting the conclusion that the statements were spontaneous utterances of thought created by, or emanating from, the litigated act, and so near in time thereto as to exclude the possibility that they were the product of premeditation or design. See, Commonwealth v. Noble, 371 Pa. 138, 88 A.2d 760 (1952); Commonwealth v. Rumage, 359 Pa. 483, 59 A.2d 65 (1948); and, Commonwealth v. Cupps, 157 Pa.Super. 341, 43 A.2d 545 (1945). No definite time limit, or distance from the site of the crime, has been fixed by the courts in determining what spontaneous utterances are admissible as part of the res gestae. Each case has been judged on its own facts and circumstances: Commonwealth v. Stokes, 409 Pa. 268, 186 A.2d 5 (1962), and cases cited therein. The length of time which has elapsed between when the declarations were uttered and when the occurrence took place is only one element to be considered in determining their spontaneity. See Commonwealth v. Noble, supra, and Commonwealth v. Harris, 351 Pa. 325, 41 A.2d 688 (1945).
*491In the instant case, the precise time sequence of events is not ascertainable from the record. However, it is clear that the entire series of events took place within forty-five minutes or, at the most, one hour. The attack occurred after eleven p.m. o’clock. The decedent arrived at his sister’s home no later than 11:30 p.m. o’clock. Reconstructing the picture, as disclosed by the testimony, the conclusion is inevitable that the statements were spontaneously uttered, were directly related to the event and were not the result of reflection or design. Under these circumstances, their admission in evidence was not error. The fact that the statements were not made immediately after the assault is not, in itself, controlling. See, Commonwealth v. Stokes, supra, and Commonwealth v. Harris, supra. This Court has previously approved the admission in evidence of such declarations when the time period involved was as long or longer than that herein. See, Commonwealth v. Soudani, 190 Pa.Super. 628, 155 A.2d 227 (1959), aff’d 398 Pa. 546, 159 A.2d 687 (1960), cert. denied 364 U.S. 886, 81 S.Ct. 177, 5 L.Ed.2d 107 (1960); Commonwealth v. Stallone, 281 Pa. 41, 126 A. 56 (1924); and, Commonwealth v. Werntz, 161 Pa. 591, 29 A. 272 (1894). See also, Commonwealth v. Calderbank, 161 Pa.Super. 492, 55 A.2d 422 (1947).” See also Commonwealth v. Edwards, 431 Pa. 44, 244 A.2d 683 (1968).
Applying the foregoing precepts and comparing the facts unique to each of the cited cases with the instant case, it is clear that the trial court did not abuse its discretion in admitting the police officer’s testimony as to the victim’s declarations. Commonwealth v. Dessus, 214 Pa.Super. 347, 257 A.2d 867 (1969).
•The Majority relies on People v. Leonard, 83 Ill.2d 411, 47 Ill.Dec. 353, 415 N.E.2d 358, aff'g. 80 Ill.App.3d 741, 36 Ill.Dec. 148, 400 N.E.2d 568 (1980), where the victim’s statement over the phone that, “He’s got a gun,” was admitted as a spontaneous declaration although made prior to a struggle and shooting. The Illinois Supreme Court *492reversed the appellate court which had relied on Truck Insurance Exchange v. Michling, supra, distinguishing that case on the facts, but noting agreement with the Texas rule that evidence of the exciting event is necessary before a spontaneous statement can be admitted.
In a case whose facts are strikingly similar to Leonard, a plurality of the Pennsylvania Supreme Court in Commonwealth v. Coleman, 458 Pa. 112, 326 A.2d 387 (1974), held that the present sense impression exception to the hearsay rule applied to a statement made over the phone by the victim just prior to being stabbed to death. In direct contrast to the dictim in Leonard that noted agreement with the rule in Truck Insurance Exchange, Coleman cites Cody v. S.K.F. Industries, Inc., supra., in explaining that:
“The rationale underlying the exclusion of res gestae declarations from the hearsay rule is that the startling event speaks through the verbal acts of the declarant and vests reliability in an out-of-court statement whose accuracy would otherwise be suspect.” (Emphasis added) Id. 458 Pa. at 116, 326 A.2d at 389.
“The hearsay rule forbids evidence of out-of-court assertions to prove the facts asserted in them.” McCormick § 249. (2d Ed.1972). In Pennsylvania, when the requirements. of trustworthiness and necessity are met, as discussed in Cody, and, therefore, an exception to the hearsay rule is applicable, the event can be proven by the statement itself.
Nevertheless, the Cody court specifically left open the question of whether its holding would apply outside the workmen’s compensation area. Id. 447 Pa. at 569 n. 4, 291 A.2d at 777 n. 4. It is my opinion that a distinction should be drawn between workmen’s compensation cases and criminal cases, and that such a distinction goes to the standard of proof. Namely, the second issue raised by appellant; whether a res gestae statement alone without corroborating evidence of any kind, constitutes sufficient evidence—albeit competent evidence—to convict beyond a reasonable doubt.
*493The instant statement, bereft of corroboration, is basically nothing more than what would appear in a criminal information—the allegata without the probata. Hearsay, even though competent, cannot stand alone unfortified in a criminal law setting. Fairness and justice demand that it be buttressed by additional and corroborative evidence. The Majority holds that the hearsay statement is sufficient and that appellant’s motion in arrest of judgment, therefore, was properly denied. Then, of course, the appellant is awarded a new trial since the evidence, although sufficient, should not have been admitted. Rather than derogate a well-settled rule of evidence, I would hold that a res gestae statement per se as a matter of law is not sufficient evidence on which to convict beyond a reasonable doubt. Judgment of sentence should be vacated and appellant discharged.