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.