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Prior Inconsistent Statements As An Exception To The Hearsay Rule: An Analysis Of People V. Johnson, Kenneth Gleason

San Diego Law Review

In February 1964, Edwin Johnson was indicted by the Yolo County Grand Jury for the crime of incest. The twofold basis of the indictment lay in the testimony of his 15-year-old daughter, Elaine, who stated that he had engaged in an act of sexual intercourse with her on January 11, 1964; and in the testimony of his wife, Eleanor, who claimed that she had observed occasions of sex play between her husband and daughter. At trial in January 1967, however, both witnesses denied that defendant had engaged in any illicit sexual relations with Elaine. To negate these denials, the prosecution, …