UNITED STATES v. STONE

No. 79-5116.

604 F.2d 922 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie Lee STONE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 16, 1979.


Attorney(s) appearing for the Case

Kenneth E. Brooten, Jr. (court-appointed) Gainesville, Fla., for defendant-appellant.

Nickolas P. Geeker, U. S. Atty., J. Worth Owen, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before THORNBERRY, CLARK and KRAVITCH, Circuit Judges.


THORNBERRY, Circuit Judge:

In this appeal from a conviction for possession of stolen mail we must decide whether the government violated the hearsay rule and the defendant's right of confrontation when the government used an affidavit instead of live testimony for the purpose of explaining how an official record demonstrated that the Treasury Department mailed a check that the defendant later had in his possession. We find...

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