Keys v. State

This appeal gives rise to the first interpretation by this Court of a relatively new criminal evidence Statute, 11 Del.C., § 3509, entitled “Use of prior statements as affirmative evidence”. Since the interpretation is new, it will be mandatory only as to cases in which the trial begins after February 24, 1975; it will not be applied retroactively.1

The Statute, enacted in 1970, reads as follows :

Ҥ 3509. Use of prior statements as affirmative evidence.

“(a) In a criminal prosecution, the voluntary out-of-court prior statement of a witness who is present and subject to cross-examination may be…