Dutton v. Evans

Mr. Justice Marshall, whom Mr. Justice Black, Mr. Justice Douglas, and Mr. Justice Brennan join,

dissenting.

Appellee Evans was convicted of first-degree murder after a trial in which a witness named Shaw was allowed to testify, over counsel’s strenuous objection, about a statement he claimed was made to him by Williams, an alleged accomplice who had already been convicted in a separate trial.1 According to Shaw, the statement, which implicated both Williams and Evans in the crime, was made in a prison conversation immediately after Williams’ arraignment. Williams did not testify nor was he…