The United States of America v. Sheldon Wheeler and William McGowan

SCHNACKENBERG, Circuit Judge

(concurring).

I believe the District Court committed errors in permitting government witnesses Reddington and Bladon to give certain material testimony on direct examination, over objection, inasmuch as it appeared that such testimony was based upon what they had learned from examining certain records. The records were not introduced into evidence nor was there any showing that they were unavailable. The records were the best evidence and the testimony of the witnesses was secondary evidence. The government showed no reason for the non-production of the best evidence.

However, in view of the other evidence in the record showing the guilt of the defendants, these errors were not prejudicial and do not require a new trial.