State v. Major

In ruling on the motion for a new trial the trial court stated it considered the repudiated statement a part of the state’s affirmative proof because in numerous details it was corroborated by the testimony of the police officers. The state contends that the ruling was a proper application of sec. 325.35, Stats., which provides:

“Where testimony of a witness on the trial in a criminal action is inconsistent with a statement previously made by him and reduced to writing and approved by him or taken by a phonographic reporter, he may, in the discretion of the court, be regarded as a hostile…