washington
texas
argued
decided
june
petitioner
another
charged
fatal
shooting
petitioner
alleged
coparticipant
tried
first
convicted
murder
petitioner
trial
murder
sought
secure
coparticipant
testimony
vital
defense
basis
two
texas
statutes
time
trial
prevented
participant
accused
crime
testifying
coparticipant
prosecution
judge
sustained
state
objection
coparticipant
testimony
petitioner
conviction
ensued
upheld
appeal
held
right
sixth
amendment
defendant
criminal
case
compulsory
process
obtaining
witnesses
favor
applies
fourteenth
amendment
pp
state
arbitrarily
denied
petitioner
right
material
testimony
witness
concerning
events
witness
observed
thus
denied
right
compulsory
process
obtaining
witnesses
favor
pp
charles
tessmer
argued
cause
petitioner
brief
emmett
colvin
howard
fender
assistant
attorney
general
texas
argued
cause
respondent
brief
crawford
martin
attorney
general
george
cowden
first
assistant
attorney
general
robert
lattimore
assistant
attorney
general
carubbi
chief
justice
warren
delivered
opinion
granted
certiorari
case
determine
whether
right
defendant
criminal
case
sixth
amendment
compulsory
process
obtaining
witnesses
favor
applicable
fourteenth
amendment
whether
right
violated
state
procedural
statute
providing
persons
charged
principals
accomplices
accessories
crime
introduced
witnesses
petitioner
jackie
washington
convicted
dallas
county
texas
murder
malice
sentenced
jury
years
prison
prosecution
evidence
showed
petitioner
youth
dated
girl
named
jean
carter
mother
forbidden
see
girl
thereafter
began
dating
another
boy
deceased
evidently
motivated
jealousy
petitioner
several
boys
began
driving
around
city
dallas
night
august
looking
gun
search
eventually
led
one
charles
fuller
joined
group
shotgun
obtaining
shells
another
source
group
boys
proceeded
jean
carter
home
jean
family
deceased
supper
boys
threw
bricks
house
ran
back
car
leaving
petitioner
fuller
alone
front
house
shotgun
sound
bricks
deceased
jean
carter
mother
rushed
porch
investigate
shotgun
fired
either
petitioner
fuller
deceased
fatally
wounded
shortly
afterward
petitioner
fuller
came
running
back
car
boys
waited
fuller
carrying
shotgun
petitioner
testified
behalf
claimed
fuller
intoxicated
taken
gun
unsuccessfully
tried
persuade
fuller
leave
shooting
fuller
insisted
going
shoot
someone
petitioner
run
back
automobile
saw
girl
mother
come
door
began
running
subsequently
heard
shot
time
thought
fuller
shot
woman
support
version
facts
petitioner
offered
testimony
fuller
record
indicates
fuller
testified
petitioner
pulled
tried
persuade
leave
petitioner
ran
fuller
fired
fatal
shot
undisputed
fuller
testimony
relevant
material
vital
defense
fuller
person
petitioner
knew
exactly
fired
shotgun
whether
petitioner
last
minute
attempted
prevent
shooting
fuller
however
previously
convicted
murder
sentenced
years
prison
confined
dallas
county
jail
two
texas
statutes
provided
time
trial
case
persons
charged
convicted
coparticipants
crime
testify
one
another
although
bar
testifying
state
basis
statutes
trial
judge
sustained
state
objection
refused
allow
fuller
testify
petitioner
conviction
followed
upheld
appeal
texas
criminal
appeals
granted
certiorari
reverse
right
accused
compulsory
process
obtaining
witnesses
favor
stands
lesser
footing
sixth
amendment
rights
previously
held
applicable
occasion
oliver
describe
regarded
basic
ingredients
due
process
law
observed
person
right
reasonable
notice
charge
opportunity
heard
defense
right
day
basic
system
jurisprudence
rights
include
minimum
right
examine
witnesses
offer
testimony
represented
counsel
omitted
ii
joseph
story
famous
commentaries
constitution
observed
right
compulsory
process
included
bill
rights
reaction
notorious
rule
cases
treason
felony
accused
allowed
introduce
witnesses
defense
although
absolute
prohibition
witnesses
defense
abolished
england
statute
framers
constitution
felt
necessary
specifically
provide
defendants
criminal
cases
provided
means
obtaining
witnesses
evidence
well
prosecution
might
evaluated
jury
despite
abolition
rule
generally
disqualifying
defense
witnesses
common
law
retained
number
restrictions
witnesses
physically
mentally
capable
testifying
extent
applicable
effect
suppressing
truth
general
proscription
defendants
codefendants
among
large
class
witnesses
disqualified
testifying
ground
interest
party
civil
criminal
case
allowed
testify
behalf
fear
might
tempted
lie
although
originally
disqualification
codefendant
appears
based
status
party
action
jurisdictions
allowed
testify
granted
separate
trials
jurisdictions
came
view
accomplices
incompetent
testify
least
favor
even
separate
trials
spite
statutes
making
defendant
competent
testify
behalf
thought
two
persons
charged
crime
allowed
testify
behalf
try
swear
charge
rule
well
disqualifications
interest
rested
unstated
premises
right
present
witnesses
subordinate
interest
preventing
perjury
erroneous
decisions
best
avoided
preventing
jury
hearing
testimony
might
perjured
even
testimony
available
crucial
issue
federal
courts
followed
restrictions
time
despite
sixth
amendment
reid
question
whether
one
two
defendants
jointly
indicted
murder
high
seas
call
witness
although
expressly
recognized
sixth
amendment
designed
abolish
harsh
rules
common
law
particularly
including
refusal
allow
defendant
serious
criminal
case
present
witnesses
defense
held
rules
evidence
federal
courts
force
various
time
passage
judiciary
act
including
disqualification
defendants
indicted
together
holding
reid
satisfactory
later
generations
however
expressly
overruled
refusing
bound
dead
hand
rule
taking
note
conviction
time
truth
likely
arrived
hearing
testimony
persons
competent
understanding
may
seem
knowledge
facts
involved
case
leaving
credit
weight
testimony
determined
jury
rosen
although
rosen
rested
nonconstitutional
grounds
believe
reasoning
required
sixth
amendment
light
history
view
recognition
reid
case
sixth
amendment
designed
part
make
testimony
defendant
witnesses
admissible
behalf
hardly
argued
state
violate
clause
made
defense
testimony
inadmissible
matter
procedural
law
difficult
see
constitution
less
violated
arbitrary
rules
prevent
whole
categories
defense
witnesses
testifying
basis
priori
categories
presume
unworthy
belief
rule
disqualifying
alleged
accomplice
testifying
behalf
defendant
even
defended
ground
rationally
sets
apart
group
persons
particularly
likely
commit
perjury
absurdity
rule
amply
demonstrated
exceptions
made
example
accused
accomplice
may
called
prosecution
testify
defendant
common
sense
suggest
often
greater
interest
lying
favor
prosecution
rather
especially
still
awaiting
trial
sentencing
think
criminals
lie
save
fellows
obtain
favors
prosecution
indeed
clothe
criminal
class
nobility
one
might
expect
find
public
large
moreover
texas
statutes
accused
accomplice
longer
disqualified
acquitted
trial
presumably
free
testify
behalf
comrade
secure
knowledge
incriminate
freely
liked
testimony
since
prosecuted
offense
texas
law
leaves
free
testify
great
incentive
perjury
bars
testimony
situations
lesser
motive
lie
hold
petitioner
case
denied
right
compulsory
process
obtaining
witnesses
favor
state
arbitrarily
denied
right
put
stand
witness
physically
mentally
capable
testifying
events
personally
observed
whose
testimony
relevant
material
defense
framers
constitution
intend
commit
futile
act
giving
defendant
right
secure
attendance
witnesses
whose
testimony
right
use
judgment
conviction
must
reversed
ordered
footnotes
shall
state
deprive
person
life
liberty
property
without
due
process
law
see
fuller
state
tex
crim
app
persons
charged
principals
accomplices
accessories
whether
different
indictments
introduced
witnesses
one
another
may
claim
severance
one
acquitted
may
testify
behalf
others
tex
pen
code
art
persons
charged
principals
accomplices
accessories
whether
different
indictments
introduced
witnesses
one
another
may
claim
severance
one
acquitted
prosecution
dismissed
may
testify
behalf
others
tex
code
crim
art
counsel
cited
statutes
jurisdictions
found
none
flatly
disqualify
coparticipants
crime
testifying
regardless
whether
tried
jointly
separately
distinguished
statutes
providing
one
two
defendants
tried
jointly
may
evidence
insufficient
entitled
immediate
acquittal
may
testify
others
statutes
seem
designed
allow
joint
defendants
testify
without
incriminating
see
code
tit
alaska
code
crim
proc
stat
ann
rangel
state
tex
app
provision
bill
rights
fundamental
essential
fair
trial
made
obligatory
upon
fourteenth
amendment
gideon
wainwright
see
west
louisiana
gideon
wainwright
pointer
texas
klopfer
north
carolina
oliver
story
commentaries
constitution
ed
accused
treason
felony
cases
allowed
produce
witnesses
testify
oath
see
wigmore
evidence
ed
see
generally
wigmore
ed
discussed
elsewhere
gradual
demise
rule
prohibiting
defendants
testifying
behalf
see
ferguson
georgia
see
wigmore
ed
henderson
state
dec
term
allen
state
ohio
dec
term
see
foster
state
ark
may
term
state
drake
pac
cases
overturned
statute
ark
stat
ann
rev
stat
benson
indeed
theory
common
law
admit
witness
stand
presumably
honest
appreciating
sanctity
oath
unaffected
party
result
free
temptations
interest
courts
afraid
trust
intelligence
jurors
benson
see
supra
nothing
opinion
construed
disapproving
testimonial
privileges
privilege
privileges
based
entirely
different
considerations
underlying
disqualifications
interest
deal
case
nonarbitrary
state
rules
disqualify
witnesses
persons
mental
infirmity
infancy
incapable
observing
events
testifying
justice
harlan
concurring
result
reasons
stated
concurring
opinion
gideon
wainwright
opinion
concurring
result
pointer
texas
dissenting
opinion
poe
ullman
accept
view
due
process
clause
fourteenth
amendment
incorporates
terms
specific
provisions
bill
rights
view
due
process
clause
reducible
series
isolated
points
rather
rational
continuum
broadly
speaking
includes
freedom
substantial
arbitrary
impositions
purposeless
restraints
poe
ullman
supra
see
palko
connecticut
klopfer
north
carolina
opinion
concurring
result
concur
result
case
believe
state
may
constitutionally
forbid
petitioner
criminal
defendant
introducing
behalf
important
testimony
one
indicted
connection
offense
however
barred
testifying
called
prosecution
texas
put
forward
justification
type
discrimination
prosecution
defense
ability
call
person
witness
think
none
opinion
really
problem
compulsory
process
although
incorporationist
approach
leads
strain
constitutional
provision
reach
peculiar
statutes
neither
situation
state
determined
matter
valid
state
evidentiary
law
basis
general
experience
particular
class
persons
example
mentally
incompetent
previously
convicted
perjury
pursuit
truth
best
served
disqualification
witnesses
persons
class
compare
spencer
texas
rather
case
state
recognized
relevant
competent
testimony
type
witness
arbitrarily
barred
use
defendant
think
due
process
clause
forbids
premise
concur
reversal
judgment
conviction
cal
civ
proc
code
subd
cal
pen
code
vermont
stat
tit
see
generally
wigmore
evidence
ed