Johnson v. Newell
In Johnson v. Newell, 160 Conn. 269, 278 A.2d 776 (1971) the Court held that a certain statement did not fall under the spontaneous utterance exception because the evidence surrounding its making did not support a finding that the declarant had an opportunity to observe the matter described therein. See id. 160 Conn. at 278-79.
The Court relied on the fact that the declarant had not witnessed the underlying event but that he had only heard it. Id. at 278.