State v. English 201 N.C. 295, 159 S.E. 318 (1931)
English was arrested on suspicion of murdering his wife.
At Trial, English offered evidence that the day after the
murder, the police arrested a guy named Locke, who admitted to three
policemen that he had committed the murder English was accused of.
However, the police had let Locke go, and Locke's
whereabouts were unknown, so he could not be called to testify at trial.
The Trial Court refused to admit the evidence about
Locke's confession on the grounds that it was hearsay.
The Trial Court convicted English. He appealed.
English argued that the testimony about Locke should have
been admitted.
The North Carolina Supreme Court affirmed.
The North Carolina Supreme Court found that the testimony
of a third party (Locke), not under oath, was hearsay.
Basically, just because Locke said he did it, it didn't
mean he did and had no bearing on whether or not English committed the
crime.
The basic reason why testimony like this isn't admissible
is that the prosecution had no way to cross-examine Locke, or to question
him to determine if his claim was credible.
Locke could have been a raving lunatic, but the jury
would have no way of knowing that unless he testified.
Historically, courts have not admitted this sort of
testimony because they worried that a rich defendant would pay someone to
claim they committed the crime, thereby exonerating the defendant.