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Kenyon v. State
Wyoming Supreme Court
986 P.2d 849 (1999)
James Sanchez was helping Robert Kenyon (defendant) and his fiancée, Kelly Crossfield, by allowing them to live in a trailer on his property and borrow his truck to get to work. After Sanchez found out that Kenyon’s driver’s license had been suspended, he told Kenyon not to drive his truck anymore. Crossfield then heard from her children living out of state that a family emergency had occurred, so she and Kenyon took Sanchez’s truck to get her children. Sanchez then reported his truck stolen. During Kenyon’s trial, he attempted to testify that Crossfield told him that Sanchez had consented to them borrowing the truck. The government objected on hearsay grounds, and the trial court excluded the testimony. Following his conviction, Kenyon appealed, arguing that the testimony was not hearsay, because it was not offered to prove that Sanchez actually had consented to letting them borrow his truck, but instead to prove Kenyon had not intended to permanently deprive Sanchez of the truck.
Rule of Law
Holding and Reasoning (Macy, J.)
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