State v. Dreher

I subscribe to the dissenting opinion written by Mr. Justice ST. PAUL, as far as it goes; but my opinion is that the district judge was wrong in instructing the jury that they could not consider the testimony of Dr. Dreher or Mrs. Le Bceuf as being evidence either for or against either of his or her codefendants. The rule that a statement made by an accomplice in a crime is admissible in evidence only against the party making the statement is applicable only to statements made out of court — not to testimony given by an accomplice on the witness stand, under oath, confronting the other…