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United States v. Cain

United States Court of Appeals for the Fifth Circuit
587 F.2d 678 (1979)


The United States government (plaintiff) prosecuted Richard Cain (defendant) for interstate transportation of a stolen vehicle. Cain and a companion stole a truck to aid them in escaping from a federal prison in Texarkana, Texas. Shortly after the escape, an unidentified caller informed a Louisiana state trooper he had seen two shirtless men walking away from an abandoned truck and attempting to hitch a ride. A few minutes later, another unidentified caller described two shirtless men five miles farther down the road. Law enforcement located the two men and stopped them for questioning. The men were taken to the parish jail, where authorities identified the men as the prison escapees and the abandoned truck as stolen. At trial, the only evidence linking Cain to the stolen truck was the state trooper’s testimony about the first unidentified caller's report. The judge admitted this testimony under the present sense impression exception to the hearsay rule. The jury convicted Cain. He appealed to the United States Court of Appeals for the Fifth Circuit, arguing the judge erred in admitting the testimony.

Rule of Law


Holding and Reasoning (Hill, J.)

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