What is the test for using evidence that a witness made before the trial as evidence?

California, United States of America


The following excerpt is from People v. Hernandez, G053440 (Cal. App. 2017):

The court instructed the jury with the standard CALCRIM No. 318 instruction, stating: "You have heard evidence a statement that a witness made before the trial. If you decide the witness made those statements, you may use those statements in two ways: First, to evaluate whether the witness's testimony in court is believable; and second, as evidence that the information in those earlier statements is true." This is a

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correct statement of the law. (Evid. Code, 1235; People v. Tuggles (2009) 179 Cal.App.4th 339, 366.)

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