U.S. v. EVANS

No. 90-8598.

950 F.2d 187 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward EVANS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 18, 1991.


Attorney(s) appearing for the Case

William R. Maynard, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, El Paso, Tex., for defendant-appellant.

Philip Police, LeRoy Morgan Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., Joseph W. Galenski, Asst. U.S. Atty., El Paso, Tex., for plaintiff-appellee.

Before WISDOM, HIGGINBOTHAM, and SMITH, Circuit Judges.


WISDOM, Circuit Judge:

The appellant was convicted for the knowing possession and use of a gun in El Paso, Texas. That conviction was based on the statement of a non-testifying witness that the defendant possessed an identical gun, which he ordinarily kept, and had not left, at home in St. Louis, Missouri. Because such evidence is inadmissible hearsay, and because its admission in this case prejudiced the defendant, we REVERSE his convictions for possessing and using...

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