United States v. Jackson
United States Court of Appeals for the Tenth Circuit
88 F.3d 845 (10th Cir. 1996)
Relevant factsFree
Kenneth Jackson (defendant) was charged with theft after a stolen car was recovered with a pager inside; when police called the number displayed on the pager, the person who answered asked, is this Kenny? The prosecution introduced this question at trial over Jackson's hearsay objection, and he was convicted and appealed.
IssueFree
Whether a question asked without any intent to assert a fact, such as is this Kenny, constitutes a statement that can be excluded as hearsay.