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United States v. Morlang

United States Court of Appeals for the Fourth Circuit

531 F.2d 183 (4th Cir. 1975)

Relevant factsFree

Theodore Morlang (defendant), charged with conspiracy to bribe a Federal Housing Authority official, saw the prosecution call witness Fred Wilmoth despite knowing his testimony would tend to exonerate Morlang; when Wilmoth denied implicating Morlang in a conversation with Raymond Crist, the prosecution then called Crist, who testified, over objection, that Wilmoth had in fact implicated Morlang in that very conversation. The district court admitted Crist's testimony to impeach Wilmoth, and Morlang was convicted and appealed.

IssueFree

Whether a party may call an adverse witness solely for the purpose of impeaching the witness under Federal Rule of Evidence 607.

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