ZIMMERMAN

v.

BOARD OF EDUCATION OF NEWARK ET AL.

Citator

Cited By (12 total)

• United States v. Licavoli, 604 F.2d 613 (9th Cir. 1979)
  …the trial court’s denial of that motion. Whether the interstate movement of a stolen article has come to an end generally is a question of fact, to be determined by the jury. Corey v. United States, 305 F. 2d 232, 236 (9th Cir. 1962), cert. denied, 371 U.S. 956, 83 S.Ct. 511, 9 L.Ed.2d 503 (1963); United States v. Jones, 564 F. 2d 1315, 1317 (9th Cir. 1977). In this case, the trial court properly denied the motion for acquittal when there was relevant evidence from which the jury could reasonably infer tha…
• Gov't of the Virgin Islands v. Fitzgerald Lovell, 378 F.2d 799 (3d Cir. 1967)
  …denied without any explanation, they are inadmissible, for they fall within no recognized exception to the hearsay rule.8 See IV, Wigmore, Evidence § 1072(5) (3d ed.); Corey v. United States, 305 F. 2d 232, 239 at n. 20 (C.A.9, 1962), cert. denied, 371 U.S. 956, 83 S.Ct. 511, 9 L.Ed.2d 503 (1963). Where, however, the accused has offered some explanation and the truth of his exculpatory reply is brought into dispute by conflicting evidence, it is no longer a question of hearsay, but one of circumstantial pr…

  ← 1 / 2 →
• United States v. Howey, 427 F.2d 1017 (9th Cir. 1970)
  …ce it could draw from proof of the fact that Howey was in possession of recently stolen Government property. (E. g., Kowalewski v. United States (9th Cir. 1969) 418 F. 2d 118; Corey v. United States (9th Cir. 1962) 305 F. 2d 232, cert. denied (1963) 371 U.S. 956, 83 S.Ct. 511, 9 L.Ed.2d 503.) Finally, the district court did not err in instructing the jury about the significance it could attach to Howey’s inconsistent statements. Howey’s motion to strike the Government’s brief on appeal is denied. The judgm…