People v. Jacobs

Defendant was convicted of possession of a stolen motor vehicle and sentenced to 9 years.Court erred in admitting testimony of son of car's owner as to burglary of his parents' home, and that he saw Defendant coming out of pawn shop and driving his father's car, to extent that it contained improper other-crimes evidence. Court improperly precluded Defendant from introducing evidence that someone else had been arrested for that burglary, as Defendant was thus unable to counter prejudicial effect created by son's testimony. Thus, unfair prejudice was created by this evidence, and court abused its discretion. Error was not harmless beyond a reasonable doubt, and thus Defendant is entitled to new trial.(McBRIDE and HOWSE, concurring.)