Social Studies, 09.04.2021 02:20 heartprague
A defendant is being prosecuted for conspiracy to possess cocaine with intent to distribute. At trial, the government seeks to have its agent testify to a conversation that he overheard between the defendant and a co-conspirator regarding the incoming shipment of a large quantity of cocaine. That conversation was also audiotaped, though critical portions of it are inaudible. The defendant objects to the testimony of the agent on the ground that it is not the best evidence of the conversation. Is the testimony admissible?
Answers:
A. No, because the testimony of the agent is not the best evidence of the conversation.
B. No, because the testimony of the agent is hearsay not within any exception.
C. Yes, because the best evidence rule does not require proof of the conversation through the audiotape.
D. Yes, because the audiotape is partly inaudible.
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