Trent was on trial for the statutory rape of Vanessa. He denied that she was even in his company on the night of the alleged offense, when he was working as the night clerk at a convenience store. The prosecution offers to have Warren testify that, in a phone conversation on the evening in question, Vanessa said, "I have to run; Trent wants me to stop by the store tonight while he's working." The defense objects to the proposed testimony. Should the court allow Warren's testimony?
A. Yes, as a present sense impression of Vanessa's.
B. Yes, as evidence that Vanessa was in Trent's company that night.
C. No, unless Vanessa is unavailable as a witness.
D. No, because Vanessa's state of mind is not in issue.
Choose A, B, C or D as your solution.
B