323 F.2d 421

Fleming J. JOHNS, Appellant, v. UNITED STATES of America, Appellee.

No. 20413.

United States Court of Appeals Fifth Circuit.

Sept. 17, 1963.

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

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

Before RIVES, CAMERON AND HAYS,* Circuit Judges.

PER CURIAM.

Appellant 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.

Appellant’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.

The judgment of the court below is affirmed.

Johns v. United States
323 F.2d 421

Case Details

Name
Johns v. United States
Decision Date
Sep 17, 1963
Citations

323 F.2d 421

Jurisdiction
United States

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