If the prosecution seeks to prove a prior conviction by presenting evidence against a person who is not a defendant in a civil case, can the prosecution rely on the testimony of a witness not in the witness box?
California, United States of America
The following excerpt is from People v. Lizarraga, 118 Cal.Rptr. 208, 43 Cal.App.3d 815 (Cal. App. 1974):
2 Indeed, a recent decision suggests possibilities of undue prejudice if the prosecution seeks to prove a prior conviction by a flesh-and-blood witness. (People v. Malloy, 41 Cal.App.3d 944, 951--952, 116 Cal.Rptr. 592.)
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