State v. Olesen ( 1989 )

SABERS, Justice

(dissenting).

I dissent as to the admissibility of the physicians’ hearsay statements. Under these circumstances, the doctor’s testimony should have been limited to his physical examination of the child. This examination occurred eight months after the claimed abuse. The examination was too remote to be included within the ambit of SDCL 19-16-8. For the purpose of admitting hearsay, this statute requires treatment for a current condition, not an examination performed for legal, not medical purposes, eight months after the fact. SDCL 19-16-8.