Wadsworth v. State

WILLSON, J. H., Associate Judge

(dissenting).

I am unable to concur in the decision to reverse the judgment in this case and respectfully dissent.

The facts are set out in Judge Walden’s opinion, which is a model of conciseness *839and clarity. The facts present two questions: (1) Was Laken’s testimony that appellant said he had “a problem” admissible? and (2) if inadmissible was its reception harmful error?

The jury could have inferred from Laken’s testimony that appellant’s “problem” was one of intoxication, that he “was a habitual and long-time user of alcoholic beverages;” and it may be assumed,…