United States v. Pheaster

544 F.2d 353, cert. denied, 429 U.S. 1099, 97 S.Ct. 1118, 51 L.Ed.2d 546 (1977)

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United States v. Pheaster

United States Court of Appeals for the Ninth Circuit
544 F.2d 353, cert. denied, 429 U.S. 1099, 97 S.Ct. 1118, 51 L.Ed.2d 546 (1977)

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Facts

Larry Adell, a multi-millionaire's 16-year-old son, was kidnapped for ransom and was never seen again. Angelo Inciso and Hugh Pheaster (defendants) were charged with 12 criminal counts related to the kidnapping. At trial, the prosecution (plaintiff) sought to introduce into evidence statements made by Adell to two friends the night of the incident, in which Adell said that he was going to meet a man named Angelo in a parking lot to pick up some marijuana. One of the friends also testified that she had been with Adell another time when he met with a man named Angelo, and she identified Inciso as that man. The district court admitted Adell’s statements to his friends. After a jury convicted Inciso and Pheaster on all counts, they appealed. Among the issues raised on appeal, Inciso argued that the district court erred in admitting the hearsay testimony of Adell's friends about Adell's statements.

Rule of Law

Issue

Holding and Reasoning (Renfrew, J.)

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