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Evidence keyed to Fisher
Bruton v. U.S
Facts
After a postal robbery occurred and Petitioner and co-defendant were put on trial, a postal inspector (Witness) was called to testify; Witness stated that during an interrogation of co-defendant, co-defendant orally confessed to the robbery and stated that Petitioner had joined him in committing it. Jury instructions were given that indicated to the jury that the testimony of Witness was properly considerable to determine co-defendant’s guilt, but that the testimony was not be considered in determining the guilt of Petitioner. The jury convicted both Petitioner and co-defendant, and both appealed. On appeal, co-defendant’s conviction was set aside, based on the trial court’s allowance of the hearsay testimony concerning co-defendant’s oral confessions to be heard by the jury. The appeals court, however, affirmed the conviction of Petitioner, because of the jury instructions that were given by the trial judge.
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