Smith v. Commonwealth

Leroy Dowdy Smith correctly argues that the trial judge erred in refusing to admit Torrence Bradby’s pre-trial statement to the police which contradicted Bradby’s trial testimony. Conceding that Bradby’s statement was inconsistent with Bradby’s testimony, the Commonwealth cites Code § 19.2-268.1 in support of the contention that the trial judge has broad discretion in deciding whether to admit the statement in evidence. The Commonwealth further contends that since Bradby did not dispute the fact that his previous statement contradicted his trial testimony, the trial judge did not abuse his…