Question
In State v. Prather , 429 S.C. 583 (2020), police found the deceased victim with the word rapist written on his body. The evidence implicated
In State v. Prather, 429 S.C. 583 (2020), police found the deceased victim with the word "rapist" written on his body. The evidence implicated two persons in the murder, Richard Prather and Joshua Phillips. At Prather's trial for murder,
"The State introduced two one-word cutouts from Phillips' six-page handwritten statement to law enforcement. The cutouts shows he misspelled the word 'rapist' as 'rapeist.' Nothing else from Phillips' statement was introduced into evidence. Captain Mark Jones testified he witnessed Phillips write the statement and neither asked Phillips to write the word nor told Phillips how to spell it. Captain Jones testified he did not inform Phillips of the import of the word, but Jones admitted he did not know if Phillips misspelled the word on purpose."
Phillips did not testify at Prather's trial. Are the one-word cutouts hearsay if offered by the prosecution to suggest that Phillips was not the person who wrote the word "rapist" on the victim's body?
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