Brief Fact Summary. Defendant was convicted of violating a federal eavesdropping law for listening to phone calls of his estranged wife. He was acquitted on post-trial motion arguing that the government failed to prove the phone company’s carrier status as required by the law.
Synopsis of Rule of Law. In a criminal case, a jury is not required to accept any judicially noticed fact.
Facts. Defendant was convicted of illegally intercepting phone calls of his estranged wife. Defendant was granted a motion for judgment of acquittal on grounds that the government failed to prove that the telephone company was “a common carrier
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