EVIDENCE - USE OF TRANSCRIPT OF GRAND JURY PROCEEDINGS TO REFRESH MEMORY OF WITNESS - RIGHT OF OPPONENT TO INSPECT TRANSCRIPT

Authors

Michigan Law Review, University of Michigan Law School

Abstract

In a criminal prosecution under the anti-trust laws, counsel for the United States, in the cross-examination of witnesses for the defense, based certain questions upon a transcript of the testimony of these same witnesses before the grand jury. The transcripts were used for the sole purpose of refreshing the memories of the hostile witnesses. The transcripts were not placed in the hands of the witnesses, but the witnesses were asked, "Did you testify thus-and-so before the grand jury?" The district court refused the demand of the defense counsel that they be allowed to inspect the transcript thus used for the purpose of re-direct examination of the witnesses. Held, such refusal was erroneous. United States v. Socony-Vacuum Oil Co. Inc., (C. C. A. 7th, 1939) 105 F. (2d) 809.

Recommended Citation

Michigan Law Review, EVIDENCE - USE OF TRANSCRIPT OF GRAND JURY PROCEEDINGS TO REFRESH MEMORY OF WITNESS - RIGHT OF OPPONENT TO INSPECT TRANSCRIPT, 38 Mich. L. Rev. 100 (1939).
Available at: https://repository.law.umich.edu/mlr/vol38/iss1/17