CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Statements
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Admissions (Crim.)
.........Corpus Delicti Required
5 Cards On This Topic:
Defendant's statements re prior crimes inadmissible without corpus.
Trial court properly admitted D's confession and correctly instructed jury re corpus delicti rule; admitting hearsay statement of V, which added nothing to D's confession, was harmless beyond reasonable doubt.
Sufficient evidence of corpus delicti w/out D’s admissions where testimony of V’s supervisor that V said he was robbed established corpus delicti of robbery, and circumstances of murder established reasonable inference of kidnap.
Prop. 8, §28 (d) abrogated corpus delicti basis for excluding D's extrajudicial stmts, but not rule that every conviction must be supported by proof of corpus delicti aside from or in addition to such stmts.
Nothing in Proposition 8 or People v. Alvarez suggested the corpus delicti rule was abrogated in the preliminary hearing context.