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Or confessing. It cannot be used as evidence against a 3rd party but only to the one
confessing
Section 28. Admission by third party. The rights of a party cannot be prejudiced by
an act, declaration, or omission of another, except as hereinafter provided. (25a)
Section 32. Admission by silence. An act or declaration made in the presence and
within the hearing or observation of a party who does or says nothing when the act or
declaration is such as naturally to call for action or comment if not true, and when
proper and possible for him to do so, may be given in evidence against him. (23a)