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United States v. Pacelli

United States Court of Appeals for the Second Circuit

491 F.2d 1108 (1974)

Relevant factsFree

Vincent Pacelli, Jr. (defendant) was prosecuted for conspiring to violate the constitutional rights of Patsy Parks, allegedly killing her to prevent her grand jury testimony about drug dealing; at trial, Pacelli's associate Lipsky testified about a meeting where Pacelli's wife offered him money to leave for Florida and attendees discussed that the murder had been "bungled" because the body was found so easily. The government offered this testimony to imply that people close to Pacelli believed he killed Parks, and that their belief must have come from Pacelli himself; the trial court admitted it over defense objection, and Pacelli was convicted and appealed.

IssueFree

Whether out-of-court third-party statements offered to show the third party's implied knowledge and belief about the matter in question constitute inadmissible hearsay.

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