Lee v. State

Frank Holt, Justice.

The trial court, sitting as a jury, found the appellant guilty of theft of property and sentenced him to three years’ imprisonment in the Department of Correction. Appellant contends the trial court erred in allowing hearsay testimony, over appellant’s objection, relating to the value of four men’s suits which were stolen from a local store. We must agree.

The burden was upon the state to show by competent evidence that the value of the property exceeded $100 in order to constitute a felony as charged here. Ark. Stat. Ann. § 41-2203 (2)(b)(i) (Repl. 1977).

The only witness…