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United States v. Jones

United States Court of Appeals for the Sixth Circuit
580 F.2d 219 (1978)


Jones (defendant) was tried for illegally intercepting telephone conversations of his estranged wife in violation of a federal eavesdropping statute. At trial, the government did not ask the court to take judicial notice of the fact that South Central Bell Telephone Company (South Central) was “a common carrier . . . providing or operating. . . facilities for the transmission of interstate or foreign communications,” a required element of the statute. After Jones was convicted by the jury, he moved for a judgment of acquittal asserting that the government failed to prove that South Central was a common carrier. The government asked the court to take judicial notice after trial, asserting that judicial notice may be taken at any stage of the proceeding under Federal Rule of Evidence (FRE) 201(f). The district court granted Jones’ motion of acquittal and the government appealed to the United States Court of Appeals for the Sixth Circuit.

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Holding and Reasoning (Engel, J.)

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