No. 387.

399 U.S. 149 (1970)


Supreme Court of United States.

Decided June 23, 1970.

Attorney(s) appearing for the Case

William E. James, Assistant Attorney General of California, argued the cause for petitioner. With him on the briefs was Thomas C. Lynch, Attorney General.

E. Barrett Prettyman, Jr., by appointment of the Court, 396 U.S. 1048, argued the cause and filed a brief for respondent.

Solicitor General Griswold argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General Wilson, Peter L. Strauss, Beatrice Rosenberg, and Roger A. Pauley.

MR. JUSTICE WHITE delivered the opinion of the Court.

Section 1235 of the California Evidence Code, effective as of January 1, 1967, provides that "[e]vidence 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."1 In People v. Johnson, 68 Cal.2d 646

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