§ 16-10-201 — Inconsistent statement of witness - competency of evidence

Colorado § 16-10-201

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Jury Trials

Text

(1)
Where a witness in a criminal trial has made a previous statement inconsistent with
his testimony at the trial, the previous inconsistent statement may be shown by any
otherwise competent evidence and is admissible not only for the purpose of
impeaching the testimony of the witness, but also for the purpose of establishing a
fact to which his testimony and the inconsistent statement relate, if:

(a) The witness, while testifying, was given an opportunity to explain or deny
the statement or the witness is still available to give further testimony in the trial;
and

(b) The previous inconsistent statement purports to relate to a matter within
the witness's own knowledge.

Legislative History

Source: L. 72: R&RE, p. 238, � 1. C.R.S. 1963: � 39-10-201.