[DOWNLOAD] "United States v. Kaplan" by United States Court of Appeals for the Second Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Kaplan
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 19, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
On Petition for Rehearing. The Government, seeking reargument, urges that the decision herein conflicts with that in United States v. Rosenstein, 474 F.2d 705 (2d Cir. 1973). In the cited case this court held that the trial judge had erred when he ruled certain documents admissible under the business records exception to the hearsay rule. The conviction was affirmed, nevertheless, on the ground that the documents were admissible under the exception for statements of co-conspirators, though this ground had not been taken, or considered, in the trial court. This was, in its setting, a suitable application of the general rule that a judgment on appeal may, and commonly will, be affirmed for reasons different from those followed in the lower court. There are, however, three substantial grounds for distinguishing Rosenstein from the case at hand and for reaching a different result on this appeal.
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