State v. Redwine

(dissenting) — In addition to concurring in the result sought by Judge Millard in his dissenting opinion, I desire to submit an additional dissent to the majority opinion.

One under arrest or in custody, charged with crime, is under no duty to make statements concerning such crime; and statements tending to implicate him, made in his presence, although not denied by him, are not admissible against him. This rule has been adhered to by the Federal and state courts in this country. Below I list many of them. State v. McKenzie, 184 Wash. 32, 49 P. (2d) 1115; Commonwealth v. McDermott, 123 Mass.…