This question focuses on decisions which have to be made by trial courts in determining the admissibility of evidence which is remote in nature.
In Yuncke v. Welker, 128 W.Va. 299, 36 S.E.2d 410 (1945), and State v. Duell, 175 W.Va. 233, 332 S.E.2d 246 (1985), the Supreme Court said, “Whether evidence offered is too remote to be admissible upon the trial of a case is for the trial court to decide in the exercise of a sound discretion; and its action in excluding or admitting the evidence will not be disturbed by the appellate court unless it appears that such action amounts to an abuse of discretion.”
In State v. Gwinn, 169 W.Va. 456, 288 S.E.2d 533 (1982), the Court said, “As a general rule, remoteness goes to the weight to be accorded the evidence by the jury, rather than to admissibility.”
In light of the statements above:
In this question you will be asked to evaluate the testimony of four witnesses as to probative value and admissibility.
Testimonies:
Study the testimonies from witnesses given above and do the following:
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