What is the test for making a preliminary determination during the prosecution's case in chief?
California, United States of America
The following excerpt is from People v. Marshall, 121 Cal.App.3d 627, 175 Cal.Rptr. 497 (Cal. App. 1981):
Here, the court made a preliminary determination during the prosecution's case in chief reserving the option of finding the testimony admissible in rebuttal or for impeachment purposes. 7 (See People v. Vidaurri, 103 Cal.App.3d 450, 163 Cal.Rptr. 57; cf. People v. Bagwell, 38 Cal.App.3d 127, 113 Cal.Rptr. 122.)
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