Casey v. State, 42969
| Decision Date | 08 July 1970 |
| Docket Number | No. 42969,42969 |
| Citation | 456 S.W.2d 945 |
| Parties | Troy CASEY, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Nelson Quinn, Abilene, for appellant.
Ed Paynter, Dist. Atty., and Joe L. Guyton, Asst. Dist. Atty., Abilene, and Jim D. Vollers, State's Atty., Austin, for the State
The offense is the unlawful possession of an alcoholic beverage for the purpose of sale in a dry area; the punishment, a fine of $350.00.
The sole ground urged for reversal is the failure of the trial court to grant a mistrial due to the following reply to a state's question during the testimony of the witness Crowder:
'Q What was the occasion for your going down there that night?
'A We had information that they were selling alcoholic beverages.
'Mr. Quinn: I am going to object.
'The Court: Now, we sustain the objection.
'Mr. Quinn: We request--
'The Court: Now, Counsel, you be careful in framing the questions.
'Mr. Quinn: Now, Your Honor, we request that the Court grant a mistrial because the instructions will not cure the harm.
'The Court: I will overrule the motion for a mistrial.
'Mr. Quinn: Note our exception.'
Although the statement made by the witness Crowder was hearsay, it did not mention the name of the appellant. In view of the prompt instruction for the jury to disregard it, the trial court did not err in refusing to grant a mistrial. The appellant's ground of error is overruled. Harris v. State, Tex.Cr.App., 375 S.W.2d 310; Wheeler v. State, Tex.Cr.App., 413 S.W.2d 705; White v. State, Tex.Cr.App., 444 S.W.2d 921.
The judgment is affirmed.
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Hopkins v. State
...or prejudicial nature as to suggest the impossibility of withdrawing the impression produced in the minds of the jury. Casey v. State, 456 S.W.2d 945 (Tex.Crim.App.1970); White v. State, 444 S.W.2d 921 (Tex.Crim.App.1969); Wheeler v. State, 413 S.W.2d 705 (Tex.Crim.App.1967); Dove v. State,......
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Cazares v. State, 45249
...error committed. We conclude that the error herein, if any, was cured by the court's instruction. Hopkins v. State, supra; Casey v. State, Tex.Cr.App., 456 S.W.2d 945; White v. State, Tex.Cr.App., 444 S.W.2d 921; Wheeler v. State, Tex.Cr.App., 413 S.W.2d Complaint is also made of the follow......