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An out‑of‑court statement by a third party in the accused’s presence is hearsay and inadmissible unless the accused adopts it, requiring acquittal.
Criminal law – Possession of stolen property – Proof of reasonable suspicion under Penal Code s.287; Evidence – Hearsay – Out‑of‑court statements by third persons; Statement made in accused’s presence not evidence of facts stated unless adopted by accused; Prosecutorial misconception about admissibility of such statements.
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