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BITELA v. STATE

No. 43482.

463 S.W.2d 738 (1971)

Ben BITELA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 3, 1971.

Attorney(s) appearing for the Case

Chappell & McFall by John R. McFall, Lubbock, for appellant.

Blair Cherry, Jr., Dist. Atty., Ronald M. Jackson, Asst. Dist. Atty., Lubbock, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is possession of marihuana; the punishment, 25 years.

The appellant's first ground of error is that the court erred in permitting Officer Bessent to testify that he acted on information received from a third party, in violation of the hearsay rule set forth in Sowers v. State, 160 Tex.Cr.R. 456, 272 S.W.2d 119. The hearsay which we find was in response to questions asked by...

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