Thompson v. State
Thompson v. State
Opinion of the Court
This is a conviction for theft of sheep, the property of Margaret MtiSTeeley.
Upon the trial, over the objections of defendant, the State read in evidence part of the transcript before the committing court, showing that Mrs. MtiSTeeley made the complaint, and that defendant waived an examination and gave bond, etc. That part of the transcript, under the facts in this case, which showed who made the complaint, was competent. But that part which informed the jury that defendant waived an examination and gave bond was very clearly inadmissible, and should not have been permitted to go to the jury.
We are of the opinion that the evidence in this case is not sufficient to sustain the conviction. (The Reporter will give the evidence in full.) ■
The judgment is reversed and the cause remanded.
Reversed and remanded.
Reference
- Full Case Name
- J. G. Thompson v. State
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Theft—Practice—Evidence.—The appellant being on trial for the theft of MeN.’s sheep, the State was properly allowed to read in evidence that part of the transcript of the proceedings of the examining court which disclosed that the complaint was made by McN. But in permitting the State, over objection by the defense, to prove by the said transcript that the appellant waived examination and gave bail, the trial court erred. 2. Same—Pact Case.—See the statement of the case for evidence held insufficient to support a conviction for the theft of sheep.