Mrs. Jones's Baby

Mrs. Jones's Baby


W testifies, "I saw Mrs. Jones about three hundred yards away walking with her baby in her arms." Opposing counsel objects on the grounds of opinion testimony. What ruling and why? Would the ruling be any different if W were unavailable at trial and her statement were offered through another witness under an applicable exception to the hearsay rule, such as Rule 804(b)(1) (former testimony)?

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