U.S. Court of Appeals for the Fifth Circuit, 1967

Norwood Earl Redfearn and Jimmy Lamar Ricks v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided April 17, 1967 · Tuttle, Ains-Worth, Fulton

375 F.2d 767; 1967 U.S. App. LEXIS 6714 (Federal Reporter, Second Series)

Counsel

Edwin A. Carlisle, Carlisle & Chason, Cairo, Ga., for appellants., Walker P. Johnson, Jr., Sampson M. Culpepper, Asst. U. S. Attys., Macon, Ga., Floyd M. Buford, U. S. Atty., for ap-pellee.

Cases that cite this one

5 later published cases cite this decision.

United States v. Horton (5th Cir. 1976)
United States v. Billy Edward Davis, Sr., and Dennis Bates Fletcher (5th Cir. 1974)
United States v. Vito Panepinto (3d Cir. 1970)
United States v. Panepinto (3d Cir. 1970)
Delbert Lester Kirschbaum, Sr. v. United States (8th Cir. 1969)

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:

We have carefully considered the contention of the appellants that the trial court erred in permitting the principal prosecution witness to testify extensively from a statement made up by him from his original field notes, thereafter destroyed. It is clear from a reading of the transcript of the trial that the witness testified that his recollection was refreshed by the written statement. We, therefore, conclude that the trial court did not err in permitting his testimony to be received in evidence even though on some occasions he stated that without reference to the written statement he could not recall all of the events that had transpired.

The judgment is affirmed.

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