What is the test for making a statement in a witness statement?
California, United States of America
The following excerpt is from People v. Zarate, E054970 (Cal. App. 2016):
he asked if Mays was interested in purchasing a gun. For a statement to be admissible under Evidence Code section 1230, it must be "'distinctly' against the declarant's penal interest," not just possibly against his interest. (People v. Jackson, supra, 235 Cal.App.3d at p. 1677, italics added.)
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