SMITH

v.

UNITED STATES

Citator

Cited By

• Seaboard Coast Line R.R. Co. v. Hunt, 299 So. 2d 84 (Fla. 1st DCA 1974)
  …he opportunity to deny or explain the utterances. (3 Wigmore on Evidence, 3rd ed., Sec. 953; Accord United States v. White, 225 F.Supp. 514, 519-521 (1963, U.S.D.C.); Smith v. United States, 283 F. 2d 16, 87 A.L.R.2d 394 (6th Cir., 1960), cert. den. 365 U.S. 847, 81 S.Ct. 808, 5 L.Ed.2d 811 (1961).) No case has been cited where the rule was dispensed with where the statement showing bias or prejudice was also self-contradictory of the very testimony being given by the witness.” Having concluded that this r…
• United States v. Kahn, 472 F.2d 272 (2d Cir. 1973)
  …away a prior inconsistent statement also apply when the utterance is claimed to show bias, Wigmore, Evidence § 953 (Chadbourne rev. 1970), and a number of courts have agreed. Smith v. United States, 283 F. 2d 16, 20-21 (6th Cir. 1960), cert. denied, 365 U.S. 847, 81 S.Ct. 808, 5 L.Ed.2d 811; United States v. White, 225 F.Supp. 514, 519-521 (D.D.C.1963), rev’d on other grounds, 121 U.S.App.D.C. 287, 349 F. 2d 965 (1965). We noted our approval of this rule in United States v. Hayutin, 398 F. 2d 944, 953 (2d C…
• United States v. Hayutin, 398 F.2d 944 (2d Cir. 1968)
  …he opportunity to deny or explain the utterances. (3 Wigmore on Evidence, 3rd ed., Sec. 953; Accord United States v. White, 225 F.Supp. 514, 519-521 (1963, U.S.D.C.); Smith v. United States, 283 F. 2d 16, 87 A.L.R.2d 394 (6th Cir., 1960), cert. den. 365 U.S. 847, 81 S.Ct. 808, 5 L.Ed.2d 811 (1961).) No case has been cited where the rule was dispensed with where the statement showing bias or prejudice was also self-contradictory of the very testimony being given by the witness. Comer v. Pennsylvania R. Co.,…