UNITED STATES V. BARRETT
    
      539 F.2d 244 (1976)
    
      NATURE OF THE CASE: Barrett (D) sought review of a judgment that convicted him of 
      interstate transportation of stolen postage stamps, in violation of 18 U.S.C.S.  2314; the 
      receipt, concealment, sale, barter, and disposal of stolen postage stamps in violation of 18 
      U.S.C.S.  2315; and conspiracy under 18 U.S.C.S.  371.
    
      FACTS: Barrett's (D) nickname was 'Bucky.' He was allegedly involved in a conspiracy 
      regarding the theft of stamps from a philatelic museum. Ben Tilley was an alleged 
      co-conspirator of D, but died prior to trial. 'Buzzy' Adams testified against D in return 
      for immunity from prosecution. One of D's witnesses was Melvin, a portion of whose testimony 
      concerned a conversation he had had with Tilley. D made an offer of proof that Melvin would 
      testify that Tilley had said that the and Bucky or Buzzy were going to have some trouble 
      because of the 'stamp theft matter.' Melvin asked Tilley if he meant Bucky or Buzzy. Tilley 
      said, 'No, Bucky wasn't involved. It was Buzzy.' D argued that the conversation was 
      admissible under the statement against interest exception because it was clearly against 
      Tilley's penal interest, since Tilley himself was involved in the theft. The trial court, 
      however, found that the portion of the statement which tended to exculpate D was not against 
      Tilley's interest, and refused to admit it. D appeals his conviction.
    
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get 
      free access to the entire content for Mac, PC or Online
for 2-3 days and free samples 
      of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment