McCrary v. State

Jordan, Presiding Judge.

The defendant appeals from a conviction of criminal trespass in a barbershop and burglary in a cafe. Held:

1. In respect to the offense of burglary of the cafe counsel for the defendant at the trial adduced on cross examination hearsay testimony from the proprietor to the effect that the owner of a cigarette vending machine located on the premises related to him "there was 22 packages of cigarettes out of the machine” as to which he then made no objection, and as to which there is no ruling on admissibility. In the motion for new trial and on appeal it is insisted that…