Commander v. State
Commander v. State
Opinion of the Court
The offense is possessing whisky in a dry area for the purpose of sale; the punishment, a fine of $150.00.
Testifying in his own behalf, appellant denied that he owned the whisky found by the officers. It was his version that he was merely visiting his brother’s home for the purpose of reading “the Sunday funny papers.” Appellant also denied that he had made any deliveries of whisky to parties coming to the house in automobiles. Again, he denied that he had any connection with the gallon jug of whisky found by the officers 200 yards away from Harvey Commander’s home.
It is shown in bill of exception No. 1 that one of the searching officers testified upon direct-examination by the State as follows: “I found another gallon at the place I had been informed a gallon had been brought to the house by T. Lee (referring to appellant).” Appellant objected to the statement of the witness on the ground that it was hearsay. The objection was sustained, and the court instructed the jury to disregard such testimony. We think the statement of the witness was obviously prejudicial, and that the instruction of the court was not calculated to save appellant from harm. That the testimony was hearsay is obvious. In view of the fact that the issue as to whether appellant possessed the whisky found by the officers in the home of Harvey Commander was closely
The judgment is reversed and the cause remanded.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.