§ 1238. — 1238. (Enacted by Stats. 1965, Ch. 299.)

California § 1238.

• Jurisdiction: California
• Code EVID: Evidence Code - EVID
• Div. 10.: DIVISION 10. HEARSAY EVIDENCE
• Ch. 2.: CHAPTER 2. Exceptions to the Hearsay Rule
• Art. 3.: ARTICLE 3. Prior Statements of Witnesses

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
(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.

Legislative History

Enacted by Stats. 1965, Ch. 299.