Fred is arrested and charged with the burglary of Sam's warehouse. At the request of the police investigating the burglary, the night watchman at Sam's Warehouse who had seen the thief leaving the premises wrote out a description of a person who bore a strong likeness to Fred. However, the night watchman died of a heart attack before Fred was arrested and brought to trial. The prosecution attempts to offer the description written out by the night watchman into evidence. The description is:
A. Admissible as a past recollection recorded.
B. Admissible as an identification of a person the night watchman knew committed the crime in question.
C. Inadmissible as hearsay not within an exception.
D. Inadmissible as an opinion of a nonexpert.
Choose A, B, C or D as your solution.
C