United States Court of Appeals for the Sixth Circuit
542 F.2d 687 (6th Cir. 1976)
Defendant was charged with armed robbery of a bank. The prosecution sought to introduce into evidence the testimony of a witness who had been with the defendant after he robbed the bank. The witness knew that the defendant had plans to rob the bank and when he saw the defendant three weeks later, he noticed the defendant with money and wearing diamonds. The prosecution sought to introduce the statement of defendant’s girlfriend to the witness, in the defendant’s presence, that the witness “should have seen the money [they] had in the hotel room . . . sacks of money.” The defendant did not protest or deny the statement when it was made. The trial court admitted this evidence as an admission by a party opponent and convicted the defendant. He appealed.
Rule of Law
Holding and Reasoning (Per Curiam)
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