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| | Silence as Statement |
 | | W will testify that he saw D rummage around in the safe and announce, "Nothing of value--just some one-dollar bills." W will further testify that E's son, S, who was peering over D's shoulder, responded, "Hey, those aren't one-dollar bills; they're one thousand-dollar bills" and that D was silent. |
 | | (1) D, the executor of E's estate, is charged with secreting E's assets, to wit, fifty $1,000 bills. |
 | | At D's trial the state calls W to testify that he was present at the meeting of E's heirs on June 1 when D opened E's wall safe. |
| www.law.harvard.edu /publications/evidenceiii/problems/110.htm (227 words) |
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