United States v. Riccardi
United States Court of Appeals for the Third Circuit
174 F.3d 883 (3d Cir. 1949)
Riccardi (defendant) was charged with interstate transportation of goods stolen from Doris Farid. At trial, the prosecution used lists of the stolen goods, taken from the indictment, to refresh the memories of Farid and an antiques expert, Berlow, who had frequently seen the goods in Farid's home; after reviewing the lists, both witnesses testified they independently recognized and could identify the goods. Riccardi objected because the lists weren't created by the witnesses near the time of the theft, but the trial judge overruled the objection, and Riccardi was convicted and appealed.
Whether the reliability of a writing used to refresh a witness's memory must be established before the witness states that the writing refreshed his memory.