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UNITED STATES v. ZENNI

Crim. No. 79-53.

492 F.Supp. 464 (1980)

UNITED STATES of America, Plaintiff, v. Albert Charles ZENNI, Jr., et al., Defendants.

United States District Court, E. D. Kentucky, Covington Division.

July 3, 1980.

Attorney(s) appearing for the Case

James E. Arehart, Asst. U. S. Atty., Lexington, Ky., for plaintiff.

F. Dennis Alerding, Stephany Tsanges, Covington, Ky., Harry Hellings, Fort Wright, Ky., Jack Rubenstein, Allan Schwartz, Richard Slukich, R. Michael Murphy, Federal Public Defender, Louis DeFalaise, Thomas C. Smith, Stephen T. McMurtry, Covington, Ky., Dale Schmidt, for defendants.

BERTELSMAN, District Judge.

This prosecution for illegal bookmaking activities1 presents a classic problem in the law of evidence, namely, whether implied assertions are hearsay. The problem was a controversial one at common law, the discussion of which has filled many pages in the treatises and learned journals.2 Although the answer to the problem is clear under the Federal Rules of Evidence, there has been...

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