Moore v. United States, 429 U.S. 20 (1976)

Moore v. United States


No. 75-1692


Decided October 18, 1976
429 U.S. 20

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

It was error for the trial judge in a bench trial to rely upon wrongfully admitted hearsay evidence in finding petitioner guilty of a federal narcotics offense, but where the judge did not find petitioner guilty on this evidence alone, the case is remanded to the Court of Appeals to determine whether the wrongful admission of the hearsay evidence was harmless error, and if not, whether petitioner waived objection to it.

Certiorari granted; vacated and remanded.