State v. Bryson

Carey, Judge:

Guessford’s written confession, standing alone, was concededly inadmissible. State v. Prettyman, 6 Boyce 452, 100 A. 476; State v. Frantz, 2 W. W. Harr. 225, 121 A. 652. It was admitted upon the theory that it formed the necessary predicate to a possible implied acquiescence in its truth by Bryson, the Court then being of the opinion that the statement attributed to him could be deemed an evasive answer. With respect to this part of the case, the Court used these words in its charge to the jury:

“You will recall that there was testimony to the general effect that this statement…