State v. Cartagena

Two issues are presented by this appeal:

1. Was it prejudicial error for the trial court to receive in evidence the statement of the defense witness Garza; and

2. was it prejudicial error for the trial court to fail sua sponte to instruct the jury that Garza’s statement was to be considered by them for an impeachment of Garza only and that it could not be considered as substantive evidence against the defendant?

Reception of Statement into Evidence.

The statement of Garza 1 is properly termed an admission, not a confession. 2

“An admission, in criminal law, is a statement by the accused of a fact…