United States v. Riccardi (1949)
D was charged with illegally moving chattel through interstate commerce. The complaining witness compiled several handwritten lists of the objects that she had entrusted to D; later, the witness typed her lists. At trial she used the typewritten list to refresh her memory.
May a trial witness refreshed her recollection by looking at a writing that was not create on or about the time of the transaction about which she is testifying?
A trial witness may refresh her recollection by examining a document created well after the transaction about which she is testifying. However, if the writing does not refresh the witness’s recollection and the witness instead testifies about the contents of the writing, the writing is then subject to the ordinary rules governing the admission of a witness’s out-of-court statements.