The Trial of Sir Walter Raleigh
Winchester Castle
2 How. St. Tr. 1 (1603)
Relevant factsFree
Sir Walter Raleigh (defendant) was charged with treason for allegedly conspiring to overthrow and kill the King of England. The prosecution's only evidence was the confession of Raleigh's supposed co-conspirator, Lord Cobham, who had already confessed and implicated Raleigh in a separate trial that resulted in Cobham's conviction. Raleigh argued Cobham had only implicated him to save his own life, and asked to cross-examine Cobham, insisting Cobham would not lie about Raleigh's involvement if made to testify in person.
IssueFree
Whether a defendant's co-conspirator needs to testify at trial if the co-conspirator has already voluntarily confessed and implicated the defendant.