California v. Green

Section 1235 of the California Evidence Code, effective as of January 1, 1967, provides that "evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statement is inconsistent with his testimony at the hearing and is offered in compliance with Section 770." In People v. Johnson, 68 Cal. 2d 646, 441 P. 2d 111 (1968), cert. denied, 393 U.S. 1051 (1969), the California Supreme Court held that prior statements of a witness that were not subject to cross-examination when originally made, could not be introduced under this section to prove the charges against a defendant without violating the defendants right of confrontation guaranteed by the Sixth Amendment and made applicable to