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MMLU / A heavyset man with long red hair robbed a liquor store. Thereafter, a man was…

Problem

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question

A heavyset man with long red hair robbed a liquor store. Thereafter, a man was arrested and charged with the armed robbery. At the man's trial, the owner of the liquor store was called to testify. He admitted that he was unable to identify the man, who now had a shaven head, as the robber. The prosecuting attorney then handed the owner six photographs. He proposed to testify, over defense objections, that he had previously told the prosecuting attorney that picture #4, admittedly a picture of the man before he shaved his head, was a picture of the person who robbed his store. The owner's proffered testimony should be adjudged

choices

  1. admissible as a prior identification by the witness.
  2. admissible as past recollection recorded.
  3. inadmissible, because it is hearsay not within any recognized exception.
  4. inadmissible, because it is a violation of the man's right of confrontation.

subject

professional_law

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Source and history

Official source

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