Judgment reversed, on the law, and new trial ordered. The findings of fact are affirmed.
The prosecution called the victim of the crime as a witness and the testimony of this witness was that defendant was not the guilty party. The prosecution then impeached its own witness after a declaration of hostility was made, with the use, inter alia, of prior unsworn oral statements. Reversal is required because the prosecution was aware in advance of calling the witness...
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