Battee v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for sale of marihuana. A jury assessed punishment at five years.

Appellant contends that the trial court erred in admitting into evidence over objection an evidence envelope on which appeared the following (handwritten portions emphasized):

“CITY OF TYLER POLICE DEPT.

REPORTING OFFICE: Vice

EXHIBIT NO.: 1

CASE NUMBER: C-59

NAME: Walter Wavne Battee

ALIAS:

ADDRESS: 215 West Harpole. Tvler. Texas

EVIDENCE: Four (4) plastic bags containing green plant material

HOW OBTAINED:

PURCHASED BY: O. Salazar

SEIZED BY:

COLLECTED BY:

WHERE OBTAINED: 215 West Harnole. Tvler. Texas

DATE: 5-8-73

TIME: 2038

AMOUNT PAID: 844.00

WITNESSES:

PERSON REPORTING CASE: W. Hardv

REMARKS: Sale of marihuana”

*92Appellant properly objected when the envelope was introduced into evidence. The objection sufficiently apprised the trial court that the written notations constituted inadmissible hearsay. The trial court in overruling the objection committed reversible error under Coulter v. State, Tex.Cr.App., 494 S.W.2d 876, and the authorities there cited.

The State in its brief by various arguments attempts to evade the holding of Coulter v. State, supra. All such arguments misapprehend the extent of the harm to a defendant that results from admission of such evidence. As the Seventh Circuit has reasoned in United States v. Ware, 247 F.2d 698, 700-701 (7th Cir. 1957):

“The jury thus had before it a neat condensation of the government’s whole case against the defendant. The government’s witnesses in effect accompanied the jury into the jury room. In these circumstances we cannot say that the error did not influence the jury, to the defendant’s detriment, or had but very slight effect.”

The judgment is reversed and the cause remanded.

OPINION