[DOWNLOAD] "United States V. Shoupe" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: United States V. Shoupe
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 28, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an appeal of Appellants' convictions after a joint trial by jury for armed robbery of an Ohio bank. We are asked to decide whether the District Court committed reversible error by permitting the prosecutor, in the presence of the jury, to recite to a recalcitrant Government witness a litany of leading questions which incorporated the entire substance of his unsworn, oral statements inculpating the Appellants. Whether we join with the trial court in viewing this suspect procedure as a mechanism to refresh the witness's present recollection or we adopt the position, advanced by the Government on appeal, that it served the legitimate purpose of impeaching a hostile witness's credibility, our reading of the record compels us to reach the conclusion that the trial court erred in allowing the unsworn statements to be presented to the jury. We therefore reverse and remand the case for a new trial.