What is the effect of the rule of "hearsay statements of co-conspirators" against others?

MultiRegion, United States of America

The following excerpt is from U.S. v. Testa, 548 F.2d 847 (9th Cir. 1977):

The second rule on which appellants rely is that hearsay statements of co-conspirators are inadmissible against others unless made in furtherance of the conspiracy charged. See Krulewitch v. United States, 336 U.S. 440, 442-443, 69 S.Ct. 716, 93 L.Ed. 790 (1949) (hearsay declaration made if at all after objective of conspiracy had either failed or been achieved not admissible on theory that was made in furtherance of alleged conspiracy). Again, the statement of the rule is accurate, but the rule does not necessitate exclusion of the evidence to which appellants object.

The statements in question were admissible for a non-hearsay purpose to show that the parties who made the statements met and had a discussion. See Anderson v. United States, 417 U.S. 211, 219-221, 94 S.Ct. 2253, 41 L.Ed.2d 20 (1974). Moreover, as indicated above, the July statements of co-conspirators were admissible to show their own knowledge, motive,

Page 852

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