" State v. Mitchell, 169 Conn. 161, 168, 362 A.2d 808 (1975) — Under "appropriate circumstances," a prior statement, consistent with a witness' testimony, may be admitted after introduction of an inconsistent statement. Mei v. Alterman Transport Lines, Inc., 159 Conn. 307, 317, 268 A.2d 639 (1970); State v. Palm, 123 Conn. 666, 677, 197 A. 168 (1938). There 15 an important qualification appended to this rule: "`When a prior consistent statement is received. . . under the principle we have applied, it is admitted to affect credibility only, not to establish the truth of the statement.'"
Connecticut, as many other jurisdictions, long has recognized that where there is testimony showing an inconsistent statement by a witness it is within the discretion of the trial court to permit the introduction of prior consistent statements of that witness, not as proof of the matters asserted therein, but for the limited purpose of rehabilitating the witness. State v. Mitchell, 169 Conn. 161, 168, 362 A.2d 808 (1975); Brown v. Rahr, 149 Conn. 743, 744, 182 A.2d 629 (1962); Carta v. Providence Washington Indemnity Co., 143 Conn. 372, 381, 122 A.2d 734 (1956); Thomas v. Ganezer, supra; State v. Palm, 123 Conn. 666, 677, 197 A. 168 (1938); see also McCormick, Evidence (2d Ed.) 49, p. 105. As the defendant notes, the only exception to the general rule barring admissibility of prior consistent statements which previously has been expressly adopted by this court has been the exception predicated on an inconsistent statement.
He has power to control the course of the trial, subject only to compliance with statutory or constitutional requirements. Commonwealth v. Dress, 354 Pa. 411, 47 A.2d 197. He has the duty to supervise and control the examination of witnesses, State v. Palm, 123 Conn. 666, 197 A. 168, and to compel a recalcitrant witness to testify, Scott v. State, 169 Ark. 326, 275 S.W. 667, Benton v. State, 58 Ga. App. 633, 199 S.E. 561. See In re Holbrook, Petitioner, 133 Me. 276, 177 A. 418, which discusses the power of a trial judge to punish for contempt a witness who refused to answer legitimate questions.
Sequestration of witnesses, or, as it is referred to in some jurisdictions, "putting them under the rule," is not demandable as a right but rests in the discretion of the trial court. State v. Palm, 123 Conn. 666, 675, 197 A. 168; Blodgett v. Cosgrove, 117 Conn. 301, 306, 167 A. 925; State v. Chapman, 103 Conn. 453, 473, 130 A. 899; 6 Wigmore, Evidence (3d Ed.) p. 359 n. 4. The court's action is subject to review and reversal for abuse of discretion. State v. Chapman, supra; People v. Dixon, 23 Ill.2d 136, 140, 177 N.E.2d 206; Moore v. Commonwealth, 323 S.W.2d 577, 578 (Ky.); State v. Carter, 206 La. 181, 187, 19 So.2d 41; Commonwealth v. Turner, 371 Pa. 417, 429, 88 A.2d 915, 32 A.L.R.2d 346; State v. Williams, 226 S.C. 525, 530, 85 S.E.2d 863. The obvious purpose of sequestering a witness while another is giving his testimony is to prevent the one sequestered from shaping his testimony to corroborate falsely the testimony of the other.
Stewart v. People, 23 Mich. 63, 74. . . ." State v. Palm, 123 Conn. 666, 677, 197 A. 168. The plaintiff argues that this exception is not applicable unless the witness has denied making the inconsistent statement. This claim finds support in language used by the court in the Stewart case, supra.
The defendants did not specifically make the claim that the evidence was offered for the purpose of showing that the witness had been living in adultery with the deceased while her husband was in prison. The ruling concerning the witness O'Donnell was correct; see State v. Palm, 123 Conn. 666, 677, 197 A. 168; as was that concerning the offer of a portion of our opinion in State v. Perelli, supra. The testimony of the deputy coroner upon rebuttal was, as the trial court said, getting into dangerous ground and should be omitted upon another trial.
Connecticut follows the federal rules of evidence in that the credibility of a witness cannot be supported until after it has been attacked. See Fed.R.Evid. 608(a) and advisory committee note; Connecticut Rules of Court pp. 640-41 (West 1990); State v. Palm, 123 Conn. 666, 677, 195 A. 195 (1938); State v. Ward, 49 Conn. 429, 442 (1879); 81 Am. Jur.2d Witnesses 643 (1976). "Where a witness has not been impeached, it is not in general permissible to support his testimony by other evidence, corroborative in its nature, which bears on the credibility of the witness rather than on the issues in the cause . . . ."
This statement was in substantial accord with the testimony he had given on his direct examination. The statement was admitted on the authority of State v. Palm, 123 Conn. 666, 677, where it is said: "There is eminent authority for the view that under some circumstances it may be within the discretion of the trial court to permit evidence of prior consistent statements to be given to rebut testimony tending to show an inconsistent statement." The plaintiff's present contention is that the rule applies only to situations in which there has been a denial by the witness that he has made the statement which is inconsistent with his testimony, and for that she gets support from a statement in Stewart v. People, 23 Mich. 63, the case cited in State v. Palm.