Is a statement made by a witness that is inconsistent with any part of the witness's testimony inconsistent with the testimony?

California, United States of America


The following excerpt is from People v. Henderson, 163 Cal.App.3d 1001, 209 Cal.Rptr. 883 (Cal. App. 1985):

"Except as otherwise provided by statute, the court or jury may consider in determining the credibility of a witness any matter that has any tendency in reason to prove or disprove the truthfulness of his [or her] testimony at the hearing, including but not limited to ... (h) [a] statement made by him [or her] that is inconsistent with any part of his [or her] testimony at the hearing." (Evid.Code, 780.) Evidence Code section 787, which states that "... evidence of specific instances of ... conduct relevant only as tending to prove a trait of ... character is inadmissible to attack or support the credibility of a witness," is not a bar to testimony elicited pursuant to Evidence Code section 780. (People v. Reyes (1976) 62 Cal.App.3d 53, 62, 132 Cal.Rptr. 848.)

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