United States v. Marrowbone

211 F.3d 452 (2000)

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United States v. Marrowbone

United States Court of Appeals for the Eighth Circuit
211 F.3d 452 (2000)

SC

Facts

Orville Marrowbone (defendant) was charged with having sex with L.D., who was 16 years old. According to L.D., Marrowbone gave him alcohol, and L.D. got drunk, passed out, and awoke to Marrowbone molesting him. After the incident, L.D. ran home to tell his mother. L.D.’s mother called the police to report him for underage intoxication. About two hours later, Officer Donel Henry Takes the Gun arrived and arrested L.D. When the officers started to put L.D. in the police car, he told them what Marrowbone had done. Witnesses who saw L.D. after he arrived home but before he was arrested testified that L.D. did not appear unusually scared due to the incident with Marrowbone. The prosecution (plaintiff) introduced the testimony of Officer Takes the Gun regarding L.D.’s statements about Marrowbone. The district court admitted the testimony over Marrowbone’s hearsay-based objection. Marrowbone was convicted, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Beam, J.)

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