KING v. COM.

Record No. 0779-92-1.

441 S.E.2d 704 (1994)

James Melvin KING, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

March 15, 1994.


Attorney(s) appearing for the Case

Stanley E. Sacks (Sacks, Sacks & Imprevento, on brief), Boston, for appellant.

Robert B. Condon, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: BAKER, BARROW and BRAY, JJ.


BARROW, Judge.

In this appeal, we distinguish between the admissibility of a criminal defendant's extrajudicial statement when offered by the defendant and such a statement when offered by the prosecution. When offered by the defendant, his extra-judicial statements constitute inadmissible hearsay unless excepted from this prohibition as prior consistent statements; when offered by the prosecution, such statements are admissible as party admissions.

The defendant...

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