Fox v. State

Unlike the majority I would affirm the judgment convicting all the defendants, for two reasons (grounds): First, there was sufficient evidence to sustain the convictions of the five defendants. Second, the Bruton rule should not be extended to exclude from evidence defendant York’s out-of-court statement at the joint trial.

GROUND ONE

In my opinion there was sufficient evidence to establish the guilt of Fox, Havens, York and Perry ... as well as Kapp.

In considering the sufficiency of the evidence, it is convenient to divide the discussion into two parts:

A) Were the defendants present at the…