California, United States of America
The following excerpt is from People v. Mendoza, 192 Cal.App.3d 667, 238 Cal.Rptr. 1 (Cal. App. 1987):
However, we have concluded that the evidence was properly admitted as relevant nonhearsay statements which, when proven false, tended to establish appellant's consciousness of guilt. Appellant acknowledges that "[a] prior statement, although exculpatory in form, may prove highly incriminating[192 Cal.App.3d 673] at the trial because, upon a showing of its falsity, it can constitute evidence of consciousness of guilt." (People v. Underwood (1964) 61 Cal.2d 113, 121, 37 Cal.Rptr. 313, 389 P.2d 937.) He nonetheless maintains that the falsity of the statements must be proven by the defendant's own statements.
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