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

A bank was robbed in Dublin, Pennsylvania on April 18, 1967, by two armed men. The Government alleged that one of the men was Booz (D). Included in the money taken that day were 25 bait bills whose serial numbers had been recorded. On June 12, 1967, D deposited a large sum of money in a bank and included therein were 18 bait bills. A search warrant was executed against D, and no further evidence was found. D was indicted for bank robbery and tried. Several witnesses were introduced at trial to place D at the scene at the time of the robbery. The testimony of a Mr. Kulp regarding suspicious activities and the license numbers on some of the vehicles used in the robbery were at issue. Mr. Kulp during trial could not remember what he told the FBI agents immediately after the robbery. Eventually, an FBI agent was put on the stand to testify about the report he had taken from Mr. Kulp immediately after the robbery. D objected and was convicted and appealed.

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