Apolinar v. State (2005)
In Apolinar v. State, 155 S.W.3d 184 (Tex. Crim. App. 2005), the declarant was beaten unconscious; he spent four days either unconscious or heavily medicated, and thus did not have the opportunity to reflect before discussing the assault. Apolinar, 155 S.W.3d at 189-90.
The court held that, when he was finally able to speak about the assault, he was still startled by it, and thus his statements were excited utterances. Id.