People v. Fain

In People v. Fain (1959) 174 Cal. App. 2d 856, the defendant sought to introduce his own statement to a police officer at the scene of a fatal accident, to the effect that the decedent, not the defendant, had been driving the vehicle. The circumstances raised doubts about the defendant's consciousness or lack thereof (i.e., whether he was still under the influence of the event), and he had a strong motive to lie. The court therefore upheld the exclusion of the defendant's statement, even though it was made in a relatively short time after the accident. (People v. Fain, supra, 174 Cal. App. 2d 8156, 861.)