What is the test for impeaching a witness who has previously admitted that he does not remember the facts of the trial?

California, United States of America


The following excerpt is from People v. Hopper, 66 Cal.Rptr. 691 (Cal. Super. 1968):

People v. Porterfield, 186 Cal.App.2d 149, 159, 8 Cal.Rptr. 897, 903: "The * * * essence of impeachment [of a witness] is that thee is a disagreement between what was formerly said and what was said at the trial."

Anthony v. Hobbie, 85 Cal.App.2d 798, 804, 193 P.2d 748: "Where a witness merely states [on the stand] that he does not remember * * * the introduction of such prior statements would * * * only service to impeach the statement that the witness does not now remember."

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