“On appeal, a defendant cannot take advantage of objections made by a co-defendant in the absence of stipulation or understanding to that effect.”
How later courts described this case
- “On appeal, a defendant cannot take advantage of objections made by a co-defendant in the absence of stipulation or understanding to that effect.”
Written by the judges who cited it.
The opinion
KAUS, P. J.
I concur in all respects but one: I do not think it is necessarily a sufficient answer to appellant’s Aranda point that Smith’s statement did not accuse him of a crime. It seems to me that the rationale of Aranda is equally applicable to declarations of others offered for their patent falsehood if the nature and ambit of the declarant’s mendacity indicates his belief in the objecting defendant’s guilt. I agree, however, that under all the circumstances, appellant suffered no conceivable prejudice.