United States Court of Appeals for the Fourth Circuit
531 F.2d 183 (4th Cir. 1975)
Theodore Morlang (defendant) was charged with conspiracy to bribe the director of the Federal Housing Authority. The prosecution called Fred Wilmoth as a witness, knowing that his testimony tended to exonerate Morlang. In particular, Wilmoth denied implicating Morlang in a conversation with Raymond Crist. To impeach Wilmoth’s testimony, the prosecution then called Crist as a witness. Crist testified, over Morlang’s objection, that Wilmoth did in fact implicate Morlang in a conversation that they had had. The district court admitted Crist’s testimony for the purpose of impeaching Wilmoth. Morlang was convicted. Morlang appealed, arguing that Crist’s testimony about Wilmoth’s statement should have been excluded.
Rule of Law
Holding and Reasoning (O’Connor, J.)
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