People v. Freeman
California Court of Appeal
97 Cal. Rptr. 717 (Cal. Ct. App. 1971)
Norman Freeman (defendant) was charged with first-degree robbery. Lee Foster was the gunman during the robbery. Fred Knipp interviewed Anna Duckworth, the mother of Foster’s girlfriend, about the morning of the robbery. According to Knipp, Duckworth told him that she had been at her daughter’s house on the morning in question. Duckworth also told Knipp that Foster had been at the house as well and that Freeman had come to the house to pick up Foster. At trial, the prosecution called Duckworth as a witness. Duckworth denied telling Knipp that Foster had been at the house and that Foster had left the house with Freeman. Duckworth was excused with the consent of both parties and left the courtroom. The prosecution then called Knipp as a witness. Knipp testified, over Freeman’s objection, that Duckworth had told him that Foster had been at the house and that Foster had left with Freeman. Duckworth’s and Knipp’s testimonies at trial were identical to their testimonies during the prosecution’s offer of proof. Freeman was convicted. Freeman appealed, arguing that the admission of Knipp’s testimony was an abuse of discretion.
Rule of Law
Holding and Reasoning (Friedman, J.)
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