Legal Brief Essay Example | Topics and Well Written Essays - 500 words

Legal Brief - Essay Example During July 1974, FBI officers arrested the offender and charged him for the crime of abduction. In trial court, evidence given by the boy’s friend indicated the complicity of the defendant in the crime and he was convicted. The aggrieved defendant appealed, claiming that the boy’s testimony was based on here say and thus not admissible in criminal proceedings as conclusive evidence, before the US court of appeal. The basic concern in this case is whether the doctrine of the Hillmon can be applied in circumstances where the defendant has affirmed his intention to do something with any of another person and whether or not he did so? Doctrine of Hillmon which is an Evidence Code of California states that the doctrine is codified in Section 1250(2) which permits the use of such hearsay proof when it is offered to explain or prove the conduct or act of the defendant. The comment to Section 1250(2) of the states that a statement of the defendants’ aim to do certain acts is admissible to confirm that he did alleged act. Justice Ely (†J. Ely†) concurred in the decision, but wrote giving emphasis to his disagreement to the Hillmon doctrine, suggesting that â€Å"evidence of one person’s intention to do something should not be admissible to prove what another person actually did do† (Bloomberg Law, pg.2). In this case, the statements made by the friend of Larry demonstrate that Larry planned to meet Angelo in the parking lot, â€Å"and the issue is whether he, in fact, met Angelo in the parking lot. The opposite inference is that Angelo met Larry in the parking lot, so it requires an inferential step for two people† (Bloomberg Law, pg.2). Larry’s state of mind was to demonstrate that somebody else actually did something. The appellant, Insico, was before the court of Appeals of US, looking for reversal of the judgment, which convicted the appellant based on the confirmation that