United States v. Day

591 F.2d 861 (D.C. 1978)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Day and Sheffey, (D) were indicted for murder. The trial judge ruled that certain evidence the Government wanted to enter was not admissible. That evidence consisted of the testimony of a witness, Mason, that a few minutes before the victim was killed he handed a piece of paper to Mason with 'Benny, Eric 635-3135' written on it and told Mason that if he was not back home by three the next day to call the police and give them the number. Also excluded was the fact that the victim had told him that he had had a fight with Benny over stolen guns and coats' and that 'Beanny and his boy' were trying to 'get out on him.' The Government appealed the ruling.