People v. Jenkins

Defendant was convicted, after jury trial, of obstructing justice, by knowingly furnishing false information to police officer about whether he had a son. Questions which police officer posed to Defendant, and his answers, were not hearsay, as any of the witnesses to and participants in conversation were capable of testifying as to their version of events. Thus, court erred in barring, except for impeachment, testimony of Defendant's wife and son as to conversation. Retrial is barred as double jeopardy, as evidence was insufficient to sustain conviction. (ZENOFF and BIRKETT, concurring.)