Does the mere fact a witness is a neutral person without motive to falsify a statement under section 1237 of the Evidence Code?
California, United States of America
The following excerpt is from People v. Simmons, 123 Cal.App.3d 677, 177 Cal.Rptr. 17 (Cal. App. 1981):
Proof of the mere fact a witness is a neutral person without motive to falsify a statement is not sufficient to establish the trustworthiness foundation required under section 1237. (People v. Blair, 25 Cal.3d 640, 665-666, 159 Cal.Rptr. 818, 602 P.2d 738.)
We affirm the order setting aside the information.
COLOGNE, Acting P. J., and WIENER, J., concur.
1 All references are to the Evidence Code unless otherwise specified.
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