§ 1238

Enacted by Stats. 1965, Ch. 299.

Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and:

(a)The statement is an identification of a party or another as a person who participated in a crime or other occurrence;
(b)The statement was made at a time when the crime or other occurrence was fresh in the witness’ memory; and
(c)The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.

Other sections in Article 3 - Prior Statements of Witnesses

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