State v mccave 805 nw 2d 290neb2011 what is the verbal acts


Question - A defendant is charged with illegal trespass on a neighbor's property. Trespass is a crime that requires proof the defendant had no reasonable belief that he was permitted to be on the property. The defendant seeks to testify that a co-owner of the property, who is not present and can not testify, told him "you can stay here tonight." Is the testimony hearsay? State v. McCave, 805 N.W. 2d 290(Neb.2011). What is the "verbal acts" rule, and why are not verbal acts hearsay?

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