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155 Tex. Crim. 255

Barnes v. State

Court of Criminal Appeals of Texas

Decided November 22, 1950

Court of Criminal Appeals of Texas · decided 1950-11-22

Decided 1950-11-22

BEAUCHAMP, Judge.

¶1Appellant was assessed a fine of $250.00 by a jury verdict on a charge of possessing liquor for the purpose of sale.

¶2When 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.

¶3The 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.

¶4For the error discussed the judgment of the trial court is reversed and the cause is remanded.

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