NH CrJI 1.13 PRIOR INCONSISTENT STATEMENTS

State: Jury Instruction Number:

NH CrJI 1.13 PRIOR INCONSISTENT STATEMENTS [1985]

In deciding whether you believe a witness, you may consider whether the witness made statements before trial which were not consistent with what the witness said at trial. If the witness made an inconsistent statement before trial, you may use that statement in deciding whether to believe that witness. You may not use the statement made before trial as proof that the facts in the statement are true. The statement made before trial is not to be used by you in deciding whether to believe a witness.

State v. Gomes, 352 A.2d 713 (NH 1976)