State v. Mitchell

Ness, Chief Justice:

Appellant was convicted of first degree criminal sexual conduct. He alleges prejudicial error in the admission of hearsay testimony against him. We affirm.

The victim told the police her assailant was wearing a dark colored jacket or shirt. She later identified appellant from a photographic line-up.

Appellant’s wife consented to a search of their home. At trial, a police officer who searched appellant’s home testified he was unable to locate a dark jacket. The police officer testified, over objection, that appellant’s wife said appellant owned a dark jacket, but she had…