What is the test for the exclusion of duplicative evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Tassell, 201 Cal.Rptr. 567, 36 Cal.3d 77, 679 P.2d 1 (Cal. 1984):

Finally, it must be necessary. If the evidence is "merely cumulative with respect to other evidence which the People may use to prove the same issue," it should be excluded. (People v. Schader (1969) 71 Cal.2d 761 at pp. 774, 775, 80 Cal.Rptr. 1, 457 P.2d 841, fn. omitted.) There is no suggestion that the evidence of past crimes was mere duplication in the instant case. In fact the only other evidence going towards intent was the testimony of the victim which was directly contradicted by defendant's testimony.

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