UNITED STATES V. ZENNI
492 F.Supp. 464 (E.D. Ky. 1980)
NATURE OF THE CASE: This was a prosecution for illegal bookmaking. The United States (P)
proposed to introduce evidence of implied assertions by certain telephone callers to show
that they believed that Zenni's (D) premises were used in betting operations by Ds. D
objected contending the evidence was hearsay, within Fed. R. Evid. 801(c).
FACTS: Government agents were searching Zenni's (D) premises pursuant to a valid search
warrant. While conducting the search, the agents answered the telephone several times for
several unidentified callers placing bets. At trial, the Government attempted to introduce
evidence of the calls to show that the callers believed that the premises were used for
bookmaking. This, in turn, was to be used to prove that the premises were in fact so used. D
objected to the evidence as hearsay.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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