State v. Blankenship

I concur in the disposition of the case, but write separately to comment about two important evidentiary points.

1. Declarations Against Penal Interest of Unavailable Witness

The principal opinion states “... the incriminating aspect of Williams’ statement does not exonerate the defendant. That alone is sufficient justification for rejecting Williams’ confession....”

I agree. The rule of Sutter v. Easterly, 189 S.W.2d 284 (Mo.1945), permitting the introduction of declarations against the penal interest of an unavailable witness, is a good one. There is no reason to confine its application to…