Does analysis under the coconspirator exception to the hearsay rule apply to evidence against Fried?

MultiRegion, United States of America

The following excerpt is from U.S. v. Fried, 576 F.2d 787 (9th Cir. 1978):

8 Although Fried was not charged as a conspirator but as a principal, analysis under the coconspirator exception to the hearsay rule was properly used to determine the admissibility of some of the evidence against Fried. United States v. DiRodio, supra, 565 F.2d at 575 n.3. We are satisfied, however, that the jury verdict against Fried as a principal was proper. As the trial judge instructed the jury, a principal is anyone who "aids, abets, counsels, commands, induces or procures (the) commission" of an offense against the United States. 18 U.S.C. 2(a).

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