Does a witness have to admit or deny making a prior inconsistent statement?

California, United States of America


The following excerpt is from People v. Loyd, 139 Cal.Rptr. 693, 71 Cal.App.3d Supp. 1 (Cal. Super. 1977):

If the witness either admits or denies making a prior inconsistent statement, the prior statement is admissible. (See, e.g. Clifton v. Ulis (1976) 17 Cal.3d 99, 105, 130 Cal.Rptr. 155, 549 P.2d 1251. (The witness stated that defendant's wife had stated after the accident that she had asked her husband to take a rest, and that he had fallen asleep. Although the wife initially testified that she did not recall the accident, and recalled nothing for 10 days later due to injuries to her head, she subsequently denied making the statement attributed to her and the court held that her statement was admissible).)

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