What is the test for admissible evidence of consciousness of guilt in a criminal case?

California, United States of America


The following excerpt is from People v. Kimble, 244 Cal.Rptr. 148, 44 Cal.3d 480, 749 P.2d 803 (Cal. 1988):

11 Of course, if the prior statement is of such a nature that, even if false, it would not reasonably demonstrate defendant's consciousness of guilt, the statement would not be admissible on this ground. (See People v. Albertson (1944) 23 Cal.2d 550, 581-582, 145 P.2d 7 (Traynor, J., conc.).) The statement at issue here is clearly not of that nature.

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