Sparks v. State

I dissent from division 2 of the opinion, and from the judgment of affirmance.

In the first' instance, I am unable to agree that the citations support the ruling that, “when a written statement has been given to one who has authority in law to make criminal investigations for the State, the solicitor-general ma,y rely upon it as fully as if it had been made directly to him.” As supporting this proposition, 70 C.J. 1068, § 1255, and Commonwealth v. Gettigan, 252 Mass. 450, are cited.

Section 1255 of 70 C.J. is as follows: “Statements made by a witness to the district attorney or his…