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

The appellants (D), along with Pixley and Doerr, were all prosecuted for conducting prostitution activities at nude dancing establishments and a massage parlor which they owned. Two statements are at issue on appeal. The first was testified to by Meyer, a patron of one of the clubs. It concerned a curtain which had been put up in the patio area of one of the clubs. Meyer testified that Pixley had said that the curtain was ridiculous and 'just asking for trouble with the police.' The second statement was introduced by Doerr's half-brother, who testified that Doerr essentially said, 'I can't believe you don't know what's going on.' The statements were admitted at trial under the co-conspirator exception to the hearsay rule. D appealed, arguing that the statements were not made 'in furtherance of the conspiracy,' as required by the exception. Therefore, while they may have been admissible against Pixley and Doerr, they could not be used against any of the other defendants.

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