MITCHELL v. STATE

No. 55746.

495 So.2d 5 (1986)

George MITCHELL and Joyce Wells v. STATE of Mississippi.

Supreme Court of Mississippi.

September 24, 1986.


Attorney(s) appearing for the Case

Samuel H. Wilkins, Jackson, Mark W. Prewitt, Prewitt & Johnson, Vicksburg, for appellants.

Edwin Lloyd Pittman, Atty. Gen. by DeWitt Allred, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, P.J., and ROBERTSON and SULLIVAN, JJ.


ROBERTSON, Justice, for the Court:

I.

In controversy today, in the context of a joint trial of two persons charged with criminal conspiracy, is the admissibility of each co-conspirator's out of court declaration which points the finger at the other. The trial judge overruled defense objections and admitted the statements.

Upon analysis, we have determined that each co-conspirator's hearsay statement, with one exception to be noted below, falls outside...

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