United States Court of Appeals for the Ninth Circuit
678 F.2d 774 (9th Cir. 1982)
James Patterson (defendant) was charged with receipt of stolen forklifts. During the grand jury proceeding, James McKay testified that about ten months earlier, Patterson had told him that the forklifts were stolen. At trial, however, McKay testified that he could not remember if Patterson told him where the forklifts came from. The prosecution unsuccessfully attempted to refresh McKay’s memory with a transcript of his grand jury testimony. The trial judge then admitted into evidence the transcript under the past recorded recollection exception to the hearsay rule. The trial court convicted Patterson. He appealed.
Rule of Law
Holding and Reasoning (Burns, J.)
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