Having been arrested under suspicion of robbery, the defendant was confronted with a taxicab driver and an alleged accomplice who each made statements implicating him with that robbery. When asked what he had to say about those accusations, the defendant replied, “I do not wish to make a statement until I see my lawyer,” and, “Do you think I would tell you something that would put me in jail?” Over the timely objections of the defendant, the trial court permitted police officers to relate the accusations of the taxicab driver and the accomplice on the theory that, when coupled with the defendant's reaction to them, they constituted admissions which were admissible despite the hearsay rule. On defendant’s appeal from his conviction, the Circuit Court of Appeals for the District of Columbia Held, reversed.
Howard E. Tracy,
Evidence—Hearsay—Equivocal Replies to Accusations When the Accused Is under Arrest,
36 Neb. L. Rev. 354
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