Citation. United States v. Jones, 580 F.2d 219, 49 A.L.R. Fed. 904 (6th Cir. Tenn. July 31, 1978)
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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.
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.