Gamble v. State

ON APPELLANT’S MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant insists that the search of her residence was without authority of law and that the testimony showing the finding of the wine therein was not admissible.

Testifying as a witness in her own behalf, appellant said that the wine found by the officers was “my wine.” She explained that the wine was possessed for her own use and that of friends and not for the purpose of sale. Appellant thereby admitted the very fact to which she was objecting — which was proof of the fact that the wine was in her possession.

An accused cannot complain of…