Ferguson v. Commonwealth

Opinion

BARROW, J.

This appeal is from convictions of capital murder, three counts of robbery, two counts of abduction and other offenses arising out of a bank robbery. We conclude that evidence of an accomplice’s out-of-court statement was inadmissible, but its admission was harmless because it was merely cumulative of other, undisputed evidence.

Three witnesses identified the defendant at trial as one of two black males who robbed the bank. They identified the other, the shorter of the two men, as Ernest Russell, the declarant of the hearsay statement involved in this appeal. Photographs of…