Public-domain · open source
OpenJurist

323 F.2d 421

Docket No. 20413.

Johns v. United States

Fifth Circuit Court of Appeals

Decided Sept. 17, 1963.

Fifth Circuit Court of Appeals · decided 1963-09-17

2 counsel of record

Applies 18 U.S.C. § 371

Relies on United States v. Manton · Monroe v. United States · United States v. Schanerman

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1963-09-17

How this case has been cited

Cited by 20 later decisions — most recently February 1992

16 federal appellate · 3 state decisions

1101963197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Charles E. Moore, Atlanta, Ga., for appellant.

¶2Allen L. Chancey, Jr., Asst. U. S. Atty., Atlanta, Ga., Charles L. Goodson, U. S. Atty., for appellee.

¶3Before RIVES, CAMERON AND HAYS,* Circuit Judges.

¶5PER CURIAM.

¶6Appellant was convicted of conspiring 1 to rob a F.D.I.C. insured bank. On appeal, he urges that a tape recording2 of an incriminating conversation was improperly allowed to be introduced into evidence, and that the evidence presented was insufficient to sustain the jury’s verdict.

¶7Appellant’s argument that the introduction of the tape, rather than the original wire, recording violated the “best evidence” rule, even if that rule applies to recordings, cannot be raised, inasmuch as counsel for appellant conceded openly that the tape was an accurate re-recording of the wire. Cf. United States v. Manton, 1939, 2 Cir., 107 F.2d 834, 845. There was no objection that no proper foundation was laid for the introduction of the tape, the only objection being that the recording was unintelligble. With respect to the claim that the tape was so inaudible in part as to make it untrustworthy, the *422admissibility vel non of the tape was a matter of discretion on the part of the trial court. Monroe v. United States, 1956, 98 U.S.App.D.C. 228, 234 F.2d 49, citing United States v. Schanerman, 1945, 3 Cir., 150 F.2d 941, 944. The probative force of the evidence was a question for the jury. There was sufficient evidence to support the verdict.

¶8The judgment of the court below is affirmed.

/323/f2d/421 · .json · Public domain