State v. Heard

BRANCH, Justice.

Defendant Jones contends that the trial judge erred by admitting into evidence the confession of his codefendant Calloway Heard who did not testify at their trial.

Defendant particularly points to that portion of Heard’s confession which stated: “That he and two other men went to the store; that all of them knew what they were going there for and what they were going to do after they got there, and he and two other persons stated and agreed that if they got caught they would not tell on the other.”

Prior to the decision in Bruton v. United States, 391 U.S. 123, 20 L.Ed. 2d 476,…