United States v. Booz
United States Court of Appeals for the Third Circuit
451 F.2d 719 (1971)
Investigating a bank robbery, witness Kulp told agent Bass that a suspicious truck's license plate was S0633, and Bass recorded that number in his notes; at Edward Booz's (defendant's) 1971 trial, both Kulp and Bass reviewed the 1967 notes to refresh their memories, but it was unclear whether Kulp's memory was actually refreshed, and Bass testified only that, having reviewed his notes, he recalled Kulp having told him the plate number. Booz was convicted and appealed, arguing Bass's testimony about Kulp's statement was inadmissible hearsay.
Whether a witness's prior recorded statement is admissible under the past recollection recorded exception absent confirmation, by the declarant or by both the declarant and transcriber, that the record was accurate when made.