UNITED STATES v. LOVE

No. 78-1687.

592 F.2d 1022 (1979)

UNITED STATES of America, Appellee, v. Jack LOVE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 22, 1979.


Attorney(s) appearing for the Case

Mark Fraase of Wegner, Fraase & Storslee, Fargo, N. D., argued, Steven A. Storslee, Fargo, N. D., on brief, for appellant.

Lynn E. Crooks, Asst. U. S. Atty., Fargo, N. D., argued, James R. Britton, U. S. Atty., Fargo, N. D., on brief, for appellee.

Before LAY, BRIGHT and STEPHENSON, Circuit Judges.


STEPHENSON, Circuit Judge.

Appellant Jack Love appeals from his conviction by a jury of one count of violating the Mann Act, 18 U.S.C. § 2421.1 Love's primary contention on appeal is that the district court2 erred in permitting a portion of an unsworn statement given by an unavailable witness to an FBI agent to be read to the jury. We agree and, accordingly, reverse and remand for a new trial.

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