Riccardi (defendant) was charged with the interstate transportation of stolen goods. The goods belonged to Doris Farid and the thieves packed up the goods at Farid’s request, but then stole them on route to their destination. At trial, the prosecution called Farid and Leo Berlow, an antiques expert who had seen the goods in question many times in Farid’s house. The prosecution used lists of the goods taken from the indictment to refresh the witnesses’ memory as to what was missing and their value. After reading the lists, both witnesses stated that they knew the goods independently and could identify them. Riccardi objected to the use of these lists because they were not created by either of the witnesses at the time of the theft when the facts were fresh. The trial judge overruled this objection. Riccardi was convicted. He appealed.