Page:United States Statutes at Large Volume 76A.djvu/479

–383– -383§ 2822. Oath Every witness before testifying shall be required to express his purpose to testify by the oath or affirmation required by law. § 2823. Prerequisites of knowledge and experience As a prerequisite for the testimony of a witness on a relevant or material matter, there must be evidence that he has personal knowledge thereof, or experience, training or education if such be required. Such evidence may be by the testimony of the witness himself. The judge may reject the testimony of a witness that he perceived a matter if he finds that no trier of fact could reasonably believe that the witness did perceive the matter. The judge may receive conditionally the testimony of the witness as to a relevant or material matter, subject to the evidence of knowledge, experience, training or education being later supplied in the course of the trial. § 2824. Evidence generally affecting credibility Subject to sections 2825 and 2826 of this title, for the purpose of impairing or supporting the credibility of a witness, any party including the party calling him may examine him and introduce extrinsic evidence concerning any conduct by him and any other matter relevant upon the issues of credibility. § 2825. Limitations on evidence of conviction of crime as affecting credibility A witness, including an accused who appears as a witness in a criminal proceeding, may not be impeached by evidence of his conviction of a crime, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of a felony. § 2826. Further limitations on admissibility of evidence affecting credibility As aflfecting the credibility of a witness (1) in examining the witness as to a statement made by him in writing inconsistent with any part of his testimony it shall not be necessary to show or read to him any part of the writing provided that if the judge deems it feasible the time and place of the writing and the name of the person addressed, if any, shall be indicated to the witness; (2) extrinsic evidence of prior contradictory statements, whether oral or written, made by the witness, may in the discretion of the judge be excluded unless the witness was so examined while testifying as to give him an opportunity to identify, explain or deny the statement; (3) evidence of traits of his character other than honesty or veracity or their opposites, shall be inadmissible; (4) evidence of specific instances of his conduct relevant only as tending to prove a trait of his character, shall be inadmissible. Subchapter V—Privileges § 2851. Privilege of accused (a) Every person has in any criminal action in which he is an accused a privilege not to be called as a witness and not to testify. (b) An accused in a criminal action has a privilege to prevent his spouse from testifying in such action with respect to any confidential communication had or made between them while they were husband and wife, excepting only (1) in an action in which the accused is charged with (A) a crime involving the marriage relation, or (B) a crime against the person or property of the other spouse or the child of either spouse, or (C) a desertion of the other spouse or a child of either spouse, or (2)_ as to the communication, in an action in which the accused offers evidence of a communication between himself and his spouse.

�