Can a declarant be found to have made a prejudicial statement under section 1240 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Perez, D073137 (Cal. App. 2019):
harmless beyond a reasonable doubt. (People v. Blacksher (2011) 52 Cal.4th 769, 818, fn. 29 ["Even assuming [the declarant's] statements . . . were not spontaneous for purposes of [ ] section 1240, their admission could not have been prejudicial by any standard because they were identical to [other statements properly admitted], and were therefore cumulative."].)
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