Nichols v. State

ON APPELLANT’S MOTION FOR REHEARING

DICE, Judge.

Appellant complains of our failure to pass upon his objection to the admission in evidence of the sixteen quart bottles of beer on the ground that the beer had been introduced in evidence in another case styled The State of Texas vs. Sterling Benson, 163 Tex. Cr. Rep. 277, 290 S.W. (2d) 247.

The record does not sustain appellant’s contention that the beer had been introduced in evidence in another case.

An examination of the record, however, does show that, before the beer was admitted in evidence, it was positively identified by the two officers…