Question: Barry is charged with robbery for robbing a discount store. He denies the charge and offers his friend Sam to testify as his alibi witness.
Barry is charged with robbery for robbing a discount store. He denies the charge and offers his friend Sam to testify as his alibi witness. Sam is to testify that at the time of the robbery Barry was with him at a sports event. At the pretrial hearing, the judge believes that Sam's testimony is not credible for he is not telling a consistent story. The prosecution argues that because Sam apparently is lying his testimony is not relevant.
Is Sam's testimony relevant?
Should the court permit him to testify?
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