Hearsay is not confined to oral statements or writings. Nonverbal conduct that is the equivalent of a verbal statement can be hearsay. All courts agree that conduct intended as a substitute for words is within the hearsay prohibition when offered to prove the truth of the intended assertion. Assertive conduct of this type would include physical gestures such as sign language, affirmative nods, or communicative motions in answer to questions, or identification of a person by pointing to him.
A related and more difficult question is presented when the actor – declarant does not intend his conduct to communicate anything.…show more content… Instead, she just nodded head and pointed to the defendant. This action is a kind of non-verbal hearsay.
On cross-examination, Defense Counsel offers a prior statement given by Miss Maggie on the day in question, where Miss Maggie gave a statement to the investigating police officers called to the college. In the statement offered by Defense Counsel, Miss Maggie told the police that she did not clearly see who had made the statement about the presence of a bomb in the building referred to during Direct Examination. In this situation, readings Miss Maggie also be regarded as hearsay. Obviously, Miss Maggie clearly did not see who made the statement, which the bomb planted in the school building. She just could not admit that I heard this statement from a student and certainly can not say who it was really.
Especially good example can be considered hearsay when questioning Mr. Mickie. According to Mr. Mickie, Miss Maggie turned to him and told him that she had just heard a student say that a bomb had been planted somewhere in the building. Mr. Mickie also testifies that when he asked Miss Maggie which student said the bomb had been planted, she just stared wide-eyed at Mr. Mickie and slowly shook her head.
Analyzing data contention Miss Maggie should be noted that this is a hearsay. In one case, a verbal when it directly transfers the circumstances are known. Otherwise, it was a non-verbal hearsay. The statement is rumored months ago that Maggie was