From Casetext: Smarter Legal Research

Barnes v. State

Court of Criminal Appeals of Texas
Nov 22, 1950
234 S.W.2d 58 (Tex. Crim. App. 1950)

Opinion

No. 24991.

November 22, 1950.

Appeal from the County Court, Hale County, Marsh S. Watson, J.

Chas. H. Dean, Plainview, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


Appellant was assessed a fine of $250 by a jury verdict on a charge of possessing liquor for the purpose of sale.

When the jury was impanelled the County Attorney began reading the complaint to the jury, instead of the information. Defendant duly objected to the reading of the complaint. The court overruled his objection, to which defendant excepted.

The complaint is an affidavit which is hearsay evidence and not admissible in evidence. The pleading in the case is the information filed by the County Attorney. It should be perfectly clear as we have often held that the complaint should not be read to the jury.

Other errors are not discussed because they may not occur in another trial.

For the error discussed the judgment of the trial court is reversed and the cause is remanded.


Summaries of

Barnes v. State

Court of Criminal Appeals of Texas
Nov 22, 1950
234 S.W.2d 58 (Tex. Crim. App. 1950)
Case details for

Barnes v. State

Case Details

Full title:BARNES v. STATE

Court:Court of Criminal Appeals of Texas

Date published: Nov 22, 1950

Citations

234 S.W.2d 58 (Tex. Crim. App. 1950)
155 Tex. Crim. 255