Topics: Appellate Review


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A police officer recovered a coat, shoes, and gun from the defendant’s house. These facts are all contained in his police report.

Q. Did you remove anything from the defendant’s house?

A. Yes, I did.

Q. What items did you remove?

A. Let’s see. . . . I got a coat from the closet and his shoes from a hallway.

Q. Do you recall removing anything else? (The cue words.)

A. No, that’s all I can remember.

Q. Officer, would anything refresh your recollection?

A. Yes.

Q. What is that?

A. I’m sure my report would.

Q. Would the court clerk please mark this two-page report. (The court clerk marks report.)

Q. I am now showing State Exhibit #1 to opposing counsel. (Shows report to defendant’s lawyer.)

Q. Officer, I am handing you what has been marked State Exhibit #1, for identification purposes. Do you recognize it?

A. Yes, that’s my report.

Q. Please read it to yourself. (Witness reads report.)

Q. Do you now remember the items you removed from the defendant’s house?

A. Yes. I do.

Q. May I have the report back, please. (Officer returns report.) Please tell us what those items were.

A. Yes, sir. In addition to the coat and shoes, I recovered a revolver from a bedroom.

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