Johnson v. State

• Decision Date: 17 April 1901
• Citation: 62 S.W. 755
• Parties: JOHNSON v. STATE.
• Court: Texas Court of Criminal Appeals

62 S.W. 755

JOHNSON v. STATE.

Court of Criminal Appeals of Texas.

April 17, 1901.

Appeal from Williamson county court; W. F. Robertson, Judge.

J. H. Johnson was convicted of violating the local option law, and he appeals. Reversed.

J. F. Taulbee and Nelmo & Wilcox, for appellant. Robt. A. John, Asst. Atty. Gen. for the State.

HENDERSON, J.

Appellant was convicted of violating the local option law, and his punishment assessed at a fine of $25, and 20 days' confinement in the county jail; hence this appeal.

The state was permitted to prove, over appellant's objections, by one Will Ash, that he had given witness Hall, the prosecutor, 25 cents with which to purchase alcohol in Roundrock within the past two years; and Hall had a few minutes afterwards brought and delivered to him a bottle of alcohol, which he stated he had purchased from Dr. Johnson. This testimony was objected to on the ground that it was hearsay. The objection was well taken.

The state was also permitted to prove by the witness Bowmer that some time in the month of October or November, 1898, he had given to Andy Sauls 25 cents with which to purchase alcohol from appellant, and that a short time after that he saw witness Sauls with a bottle containing a white liquid in the the back of a store in Roundrock, and that the witness mixed the liquid with water, and that the liquid had the smell of alcohol. This was objected to on the ground that it was irrelevant, and not shown to be contemporaneous or connected with the sale alleged to have been made to the witness Hall, and did not show any system on the part of defendant in violating the local option law. This testimony was hearsay, and, if it had not been, it was not pertinent to any issue in this case.

The state was also permitted to prove by one Flint that he had given F. M. Hall 25 cents in Roundrock, in the spring of 1899, with which to purchase alcohol; that said Hall afterwards brought him a small bottle of liquid which looked like alcohol; that he did not know whether it was or not, but delivered the same to his mother. This was admitted over appellant's objection. This was hearsay testimony, and, as stated with regard to the preceding, if it had not been it was not pertinent to any issue in this case. The judgment is reversed, and the cause remanded.

BROOKS, J., absent.