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COMMENTS REGARDING MODEL CODE OF EVIDENCE, BOOK 2 [i] (1939-1941)

handle is hein.ali/alievidence0039 and id is 1 raw text is: f November 30, 1940. onorable John T.' Cahill. ReferrRG to ReLeT. United States Distiict Attorney, New York City, N.Y. Dear Ure anhills Thank you very much for your letter of November 29. All of the' suggestions which you make will be brought to the attention of the Advise e at the coming aneting in New York Oity. MWy I be permitted, however, to refer to your commsnt on Rule 401? You say that this Rule takes away the jury's power to pass upon the credl- bility of a competent witness. The Rule is Intended merely to esiress the well settled doctrine that a jur7 in bound to disregard testimony which no reasonable jury oould believe to be trio. As the comsent shows, this question tarely arises when evidence is oifored but Is raised by a request to instruct the ju:7 to disregard such evidence or by a request for a directed verdict. Mr. 1lguore has contended that the testimonial qualification of a witness includes his opportunity for observation. He would make it a question for the jugs whether the witness had the ospaolty, if not also the question whether he had the opportunity, to observe the partioular matter to which he proposes to testify. As to your comsent on Rule 603* 1 rewise that Mr. Justice Sathez- land's statement Is pertinent to the question of constitutionality. There are In asme states, however, desisions which look the other way. The sonmmet was eknt not to su est aw doubts as to thei. contitutionality bat to State cotideratioms of policy supporting the view which I think Is taken by the majority of the courts as well as by the Rule. As to Rule 4CO, it adopts hat. appears to be the majority doctrine in the United States. I am personally Indebted to you for taking the time to examine this draft and I am sure that the Director and the Advisers will appreciast your consideration and will give eareful attention to your muggestions. Sincerely yours, if. U. Morgan.

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