What is the test for admissibility of evidence in criminal cases?

California, United States of America


The following excerpt is from People v. Johnson, 2d Crim. No. B213073 (Cal. App. 3/24/2010), 2d Crim. No. B213073. (Cal. App. 2010):

We review rulings on the admissibility of evidence to determine whether there was an abuse of discretion. (People v. Memro (1995) 11 Cal.4th 786, 864.) "`The general rule is that evidence of other crimes is inadmissible when it is offered solely to prove criminal disposition or propensity on the part of the accused to commit the crime charged . . . .'" (People v. Foster (1974) 36 Cal.App.3d 594, 597.)

But "evidence of other crimes is admissible where it tends to show guilty knowledge, motive, intent, or presence of a common design or plan." (People v. Pijal (1973) 33 Cal.App.3d 682, 691, italics omitted.)

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