This was actually illustrated in the movie “My Cousin Vinny.” A young man, William Gambini and his friend were arrested for supposedly shooting a convenience store clerk. (
He was innocent but had strong evidence against him ) . The police interrogate him, and he didn’t know he was accused of murder, so he was just telling his side of the story, not knowing just yet how serious the issue was.
The policeman asked “So when did you shoot the clerk?” And Gambini replied “I shot the clerk?” In sort of a questioning tone, as if to just be asking the question of “Are you staying I shot the clerk?”
In court, the policeman was put on the witness stand and told the court “He then answered ‘I shot the clerk’ ” as if it was a confession saying “Yeah I shot the clerk”
The policeman didn’t lie. Gambini did say those words. However, the jury is just hearing the words repeated back, and not the context. The jury thought it was simply a confession and didn’t hear the questioning tone.
It would have been better if he just kept his mouth shut so this wouldn’t be an issue.
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