APPEAL from the Circuit Court of Jasper County; the Hon. E.
HAROLD WINELAND, Judge, presiding.
MR. JUSTICE EBERSPACHER DELIVERED THE OPINION OF THE COURT:
This is an appeal by the defendant, Harry Harden, from a judgment entered on a jury verdict by the circuit court of Jasper County, convicting him of the offense of operating a motor vehicle while under the influence of intoxicating liquor.
The defendant, through his retained counsel, waived arraignment and requested a jury trial. The record before us discloses that no issue as to the lack of probable cause was raised in the trial court. During the direct examination of the State's first witness, Trooper Harry Sutton, the following colloquy occurred:
"A. I was sitting at the intersection. There was a man and woman drove up.
MR. HELLMAN: Objection, your Honor. May we approach the bench.
(Conference between Court and Counsel before the bench but out of the hearing of the Jury):
MR. HELLMAN: I believe the State is leading the witness. She is preparing the witness to testify to some hearsay testimony. It's apparent that the persons who made the statements which he is about to testify to are not present in open court. They are unsworn statements and I will not have the right to cross examine them.
THE COURT: You objected to the
MR. HELLMAN: My objection is that I believe this testimony is about to be that these two persons told him that Mr. Harden, the defendant was operating a motor vehicle and in some sort of irregular manner. I believe that is highly prejudicial and is not justified in terms of what might be proved.
THE COURT: This testimony is admitted in exception to the hearsay rule in that the purpose is to show that the officer was alerted as to the condition of the defendant and for that purpose only. It won't be necessary, I take it, Mrs. Fehrenbacher, to have an extended conversation?
THE COURT: It's only to show the fact that the officer was notified. For that reason, the witness will be allowed to testify as to what was told him by ...