Grove v. State

ON PETITION FOR REHEARING

MILLER, Judge.

Charles ("Buddy") Grove petitions for rehearing of our opinion, Grove v. State, (1983) Ind.App., 449 N.E.2d 1122, asking this court to vacate our earlier opinion and reverse his theft conviction. While we deny his petition, we address an issued raised therein and clarify our earlier opinion.

During the trial, hearsay testimony of one Joe Mahfouz was admitted, not for proof of the truth thereof-that the caller was the defendant Grove-but as explanatory of other evidence. Grove objected to the evidence as hearsay and, when his objection was overruled,…