State v. Herring

Defendant was heretofore convicted of murder in the first degree and sentenced to be electrocuted. He appealed to this Court and a new trial was granted him. In that case we find: “To avoid repetition we may say that the evidence appearing on the present record is sufficient to carry the case to the jury. . . . Throughout the entire colloquy, Ernest Herring continually challenged the correctness of his brother’s statements. He at no time declared his own complicity in the crime; and we think it was error to admit this evidence as against the present defendant. The whole conversation amounted…