People v. Keelin

In People v. Keelin (1955) 136 Cal.App.2d 860, the appellate court concluded that the trial court erroneously admitted certain statements under the spontaneous declaration exception to the hearsay rule without sufficiently assessing whether the evidentiary foundation for those statements qualified them as spontaneous declarations. (Id. at pp. 868-872.) Given that the defendant had twice objected to the admission of the statements as spontaneous declarations, the Keelin court concluded that the defendant's failure to tender the same objection regarding other witnesses did not constitute a waiver. (Id. at p. 870.)