Johnson v. State Ex Rel. Jones

[1] The conversation between Ollie Johnson, the father of the defendant, and the prosecutrix is not shown to have been in the presence of the defendant. It was shown that the defendant and Done-hue, the constable, “were standing in the door”; but whether the door was the door to the room in which the conversation took place, or some other door, the distance of the door from the parties in conversation, the volume and tone of their voices, were not shown.

[2] For silence in the face of accusation to be admissible as a confession or an admission against interest, it must he shown that the party…