CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Cross-Exam
......Ability to Perceive or Recall
.........Alcohol Intoxication
............Observing While Under Influence
4 Cards On This Topic:
  • In determining credibility of witness, must consider capacity and opportunity to perceive event.
  • Alcoholic not automatically incompetent to testify; weight is for jury.
  • General question whether another witness intoxicated at time of event held improper without proper foundation.
  • Error not to permit D to show that DA's witness had been drunk for 16 days prior to, and while observing, event in question.