Wilson v. City of Pine Bluff
Court of Appeals of Arkansas
641 S.W.2d 33 (1982)
Relevant factsFree
Responding to a medical emergency in Pine Bluff, Arkansas (plaintiff), officers found Joe Wilson (defendant) near a woman who said she lawfully lived there and wanted him to leave. Wilson refused to leave despite her request and police warnings that he would be arrested for criminal trespass, and he never claimed any right to the property. He was arrested and prosecuted for criminal trespass. At trial the only evidence was the officers' account of the incident, and Wilson was convicted. On appeal, he argued the police testimony was inadmissible hearsay.
IssueFree
Whether a party's silence or acquiescence in the face of an accusatory statement may be admissible nonhearsay evidence against him.