If one or more of the witnesses to the robbery had consumed alcohol and/or used marijuana before the robbery, does this change our conclusion?

California, United States of America


The following excerpt is from People v. Edwards, D066007 (Cal. App. 2015):

That one or more of the witnesses had consumed varying amounts of alcohol and/or used marijuana before the robbery does not change our conclusion on this issue. At most, the issue of the witnesses' varying levels of intoxication went to the weight and not the admissibility of the identification evidence. (See People v. Gonzales (1968) 68 Cal.2d 467, 472 [noting "[l]ack of positiveness" as to identity "went to the weight and not to the competency of the evidence"]; People v. Jones (1963) 221 Cal.App.2d 408, 409

Page 27

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