Joe Manuel v. State Indiana

The appellant was charged with unlawful dealing in marijuana as defined in IC 1971, 35-24.1-4.1-10. After conviction he was sentenced to a determinate period of twelve years. The record shows the following facts: On July 30, 1975, an Indiana State Police undercover narcotics agent met with a police informant and one, Bill Slagle, to arrange a marijuana purchase. After negotiating a price the agent and the informant left to obtain the narcotics money. Slagle went to appellant Manuel's house to await the return of the buyers with the money. When the agent and the informant arrived at the Manuel resident, Slagle and Manuel walked to the car whereupon the agent gave Slagle $350.00. As they left the car and walked toward the back of the house, Slagle gave the money to Manuel. A few minutes later the two returned to the car and Manuel gave the agent a bag containing about two pounds of marijuana. Slagle and Manuel thereupon were arrested and charged. Appellant claims the trial court erred in permitting Slagle to testify as to conversations with the informant relating to setting up the purchase. If we assume for the sake of argument that this testimony was in fact hearsay and inadmissible, any error committed in that regard is not reversible in this case for the reason that Slagle was permitted to give additional testimony without objection concerning the exact transaction of the purchase of the marijuana. The fact that this unrefuted testimony came in without objection on the same general subject matter of the hearsay testimony renders any error in that regard harmless. Walker v. State, (1976) 265 Ind. 8, 349 N.E.2d 161.