This section contains the nature of the case and procedural background.

Johnson (P) and Lutz (D) were involved in a traffic accident. P was killed. D attempted to prove that the accident was not his fault. To do so, he attempted to admit the accident report into evidence. This report was made by a police officer on duty and included statements of witnesses of the accident. An applicable statute stated that records kept in the normal course of business are admissible without the recorder's firsthand knowledge. However, the court did not allow the report into evidence.

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