United States v. Richard Charles Marshall

TATE, Circuit Judge:

After trial by jury, the defendant Marshall was convicted of the offense charged, the theft of a lawn mower of a value in excess of $100, which was the property of the United States. 18 U.S.C. § 641. Marshall appeals, contending that over his objection hearsay evidence was improperly admitted to prove an essential element of the crime, namely, that in fact a lawn mower had been stolen or was missing from the military post exchange where he worked. Finding merit to this contention, we reverse and remand.

I

The lawn mower was allegedly stolen from the Four Seasons Retail Store…