Public-domain · open source
OpenJurist

499 S.W.2d 942

Dodd v. State

Court of Criminal Appeals of Tennessee · decided 1973-04-25

Cited by 1 later decisions — most recently December 2004

1 state decisions

Relies on Bruton v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1973-04-25

View the full empirical analysis of this case →

¶1ORDER ON PETITION TO REHEAR

DWYER, Judge.

¶2Even though we are satisfied that we have not overlooked any argument advanced by counsel in his petition to rehear, we will illuminate our reasoning for counsel on the confrontation question he now supports with Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476.

¶3Here, unlike Bruton, we do not have a codefendant confessing guilt with equally damaging inculpation of the defendant. In this record there is found a simple res gestae statement uttered by Vaughn at the time of his arrest which the trial court found to be competent and therefore admissible. With that ruling we have agreed. Therefore the simple eviden-tiary res gestae statement advances a fact, which fact was considered by the jury with all other facts and circumstances. By their verdict they have found Dodd to be guilty of assisting in the burglary. In other words Vaughn’s res gestae statement, simply put, is not a confession of complicity conclusively establishing the guilt of Dodd in this burglary.

¶4The petition to rehear is denied.

¶5WALKER, P. J., and O’BRIEN, J, concur.

/499/sw2d/942 · .json · Public domain