Bird v. State

1. The sheriff testified, over the defendant’s objection, that Kelly White, in the presence of the defendant and the sheriff, said, with reference to the stolen shirt, that “Ben Bird [the defendant] never did get a chance to carry it home with him because it just happened that he [the defendant] didn’t have a chance to get it away before he [the defendant] thought he [McBride] had stolen it.” The objections of the defendant wore: “I object to that statement made by Kelly White as being irrelevant and inadmissible, it is a mere assumption on the part of Kelly White, making a statement as to…