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Inconsistent Statement |
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Fred is shot. He tells
the investigating officer that "I walked in the door,
I argued with my wife, Wilma, and she shot me." At Wilmas
trial for battery, Fred testifies that he walked in the house,
Wilma was on the couch with a gun pointing at the ground,
he reached to grab the gun, and it went off, hitting him.
Fred could not say who caused the gun to go off; it was an
accident. Police Officer Barney testifies at trial about Freds
statement at the scene. Wilma, the defendant, objects to the
officers testimony as hearsay. How do you rule?
- Overruled.
The police officer may testify about Freds statement
as a prior inconsistent statement.
- Sustained.
The police officers testimony about Freds
out-of-court statement is inadmissible as hearsay.
- Overruled.
The statement is admissible under the "interests
of justice" exception to the hearsay rule.
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