State v. Kelly

The opinion of the court was delivered by

Miller, J.

The accused, sentenced for larceny, takes this appeal.

Exceptions were reserved on behalf of the accused to the exclusion of testimony that the accused was charged before the recorder with the theft of the property from a party other than the person alleged in the indictment to be the owner. The testimony was merely hearsay to the effect that the property was claimed before the recorder by an alleged owner, not the owner specified, in the indictment, but the person making the claim before the recorder was not produced as a witness, nor was…