John A. Naples v. United States

I would affirm the convictions in this case, and state my views.

First, as to the testimony of Captain Harnett: I agree that adoptive admissions are admissible in evidence against a defendant. If, as the testimony outside the presence of the jury indicated, Naples said “Yes” to the question: “Is what * * * [Culpepper] said right?” then I have no doubt that the statement made by Culpepper was adopted by Naples and was admissible as part of Harnett’s testimony. On the other hand, if Naples was silent at the end of Cul-pepper’s recital, then the question turns on whether or not this silence was…