United States v. Barrett
United States Court of Appeals for the First Circuit
539 F.2d 244 (1st Cir. 1976)
Barrett (defendant) was charged with crimes arising from the theft of a stamp collection. At trial, Barrett sought to introduce into evidence testimony of a witness stating that an alleged coconspirator, Ben Tilley, had made a statement outside of court that indicated that he, Tilley, was involved in the theft, but that Barrett was not. Tilley died before trial. The district court excluded the evidence on the grounds that the relevant part of Tilley’s statement—the part regarding Barrett non-involvement—was hearsay and not admissible because it was not against Tilley’s interest. Barrett appealed.
Rule of Law
Holding and Reasoning (Campbell, J.)
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