United States v. Rogers
United States Court of Appeals for the Eighth Circuit
549 F.2d 490 (1976)
- Written by Sean Carroll, JD
Facts
Samuel Rogers (defendant) and Walter Baker were charged with robbery. When questioned by Federal Bureau of Investigation agent Thomas Brown, Baker implicated himself and Rogers in the robbery. Subsequently, Baker pled guilty. At Rogers’s trial, the prosecution (plaintiff) called Baker as a witness. Baker testified that he could not identify Rogers, could not remember specifics about the robbery, and remembered speaking to Brown but not what Brown had said. In response, the district court permitted Brown to read an unsigned, unsworn transcript of the statement Baker made to Brown, solely for purposes of impeaching Baker’s in-court testimony. Rogers was convicted, and he appealed, arguing that the written statement constituted hearsay.
Rule of Law
Issue
Holding and Reasoning (Webster, J.)
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