California Evidence Code

§ 1238

EVID § 1238Div. 10 · Ch. 2 · Art. 3

Statute text

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

…

Legislative history

Enacted by Stats. 1965, Ch. 299.