My husband and I were arguing I hit the brakes and hit the steering wheel substained injuries,29 hours later my husband was arrested for mal...

Question

My husband and I were arguing I hit the brakes and hit the steering wheel substained injuries,29 hours later my husband was arrested for malicious wounding in virginia.Some gent was at the scene but never witnessed it but said that my husband told him that he hit me.Is this mans statement hear-say or will it be allowed in court. He says in his statement he seen nothing just said my husband told him that he hit me which he didnt. Im also testifying that he did not! Help someone...

Answer

The Commonwealth may subpoena this "gent" to testify in its case and the

trier of fact(most likely a judge) will judge his credibility and, accordingly, give

whatever weight to it that the court might deem appropriate under the

circumstances described.

This man's statement as a sworn witness before the court as to what

your husband allegedly told him should not be regarded as hearsay

nor denied admissibilty as evidence on these grounds.