U.S. Court of Appeals for the Fourth Circuit, 1970

United States v. Clyde Wallace Stamey

U.S. Court of Appeals for the Fourth Circuit · Decided April 1, 1970 · Haynsworth, Craven, Butzner

423 F.2d 1223; 1970 U.S. App. LEXIS 10036 (Federal Reporter, Second Series)

Counsel

Alton T. Cummings, Asheville, N. C. (court-appointed counsel) for appellant., Keith S. Snyder, U. S. Atty. for the Western District of N. C., and James O. Israel, Asst. U. S. Atty., for appellee.

Cases that cite this one

4 later published cases cite this decision.

United States v. Michael Lee Bolick (4th Cir. 1990)
United States v. Robert C. Gandy, Sr. (5th Cir. 1972)
State v. Tijerina (N.M. Ct. App. 1972)
Grady Paul Chestnut v. Ford Motor Company (4th Cir. 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Clyde Wallace Stamey appeals from a conviction for bank robbery [18 U.S.C. § 2113], assigning as error the admission of police officers’ testimony quoting a prior consistent statement made by a government witness.

The testimony was properly admitted. The declarant was subject to cross-examination concerning the statement, and the testimony of his prior consistent statement was offered to rebut charges of recent fabrication or improper motive. See generally Proposed Rules of Evidence for the United States District Courts and Magistrates, 8-01(c) (2) (ii), and Advisory Committee’s Note (c) (2) (ii), pp. 159 and 165 (Preliminary Draft, 1969).

The judgment is affirmed.

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