Chambers v. State

The Court of Appeals found the hearsay testified to by Louise Posey concerning her conversation with the desk clerk was without probative value in determining the sufficiency of the evidence. See Gutierrez v. State, 628 S.W.2d 57 (Tex.Cr.App.1980); Alvarado v. State, 632 S.W.2d 608 (Tex.Cr.App.1982). Disregarding the hearsay, the Court of Appeals concluded the case was an obviously weak circumstantial evidence case, and noted the State had failed to call the desk clerk who could have supplied direct evidence that the appellant had unlawfully used the credit card. The court then cited the rule…