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Evidence keyed to Fisher
Mattox v. U.S
Facts
Appellant was convicted of murder, but that conviction was set aside and a new trial ordered. At the second trial, the prosecution sought to introduce the testimony of one of its witnesses from the first trial, but since that witness had died between the first trial and the second, the prosecution offered the record kept by the stenographer from the first trial. Over Appellant’s objection, the lower court allowed the evidence. Appellant attempted to impeach the deceased witness’s testimony (as read by the stenographer) through impeachment evidence which alleged that the deceased witness had made statements after the first trial that contradicted his testimony. The court disallowed Appellant from introducing the impeachment evidence.
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