
    No. 964
    TONEFF v. STATE
    No. 20066.
    Supreme Court
    On stay of execution and motion to file petition in error.
    Dock. Aug. 22, 1926;
    4 Abs. 590.
    480. EVIDENCE — Are utterances made by a co-conspirator to a witness who came upon him suddenly, admissible on the ground that such are in furtherance of the conspiracy?
   Toneff contends in the Supreme Court that where a witness suddenly coming upon a co-conspirator, while latter is operating a still, declarations made concerning the operations and ownership of the still are not admissible in evidence.

Attorneys — Stahl & Price, Toledo, for Ton-eff; Don. Bell, Pros. Atty, Port Clinton, for State.  