State v. Rosenburger

*377PENNY, J.

The defendant was convicted of the crime of receiving and concealing stolen property, and appeals.

The defendant’s claim of error is based upon the trial court’s admission into evidence of oral statements made by defendant to officer Percell, which amounted to a confession. These statements were made after defendant had been charged with the crime and was in custody.

Before permitting the officer to testify, the trial court heard the testimony of the officer out of the presence of the jury and with the defendant and his attorney present. At this time and at no time did the defendant or…