The opinion
ON APPELLANT’S MOTION FOR REHEARING
DICE, Commissioner.
Appellant re-urges his contention that the introduction in evidence of the six quart bottles of beer bearing labels which contained certain hearsay notations thereon constituted reversible error.
The record reflects that the notations on each of the bottles of beer of which appellant complains were placed thereon by Inspector Cosper after the bottles were removed from the trunk of the automobile. The notations were as follows:
“ '4/12/63 Clinton Mims
Buy made by Stephen Brown Paid $5.10
6-32 oz. Old Milwaukee Beer Shelton-Nash RLC’ ”
While such notations on the bottles, being hearsay and evidentiary in nature, were erroneously admitted in evidence, under the rule in Powdrill v. State, supra, we remain of the opinion that their admission in evidence does not call for a reversal of the conviction.
In addition to what we stated in our original opinion, it should be noted that if the jurors did see the notations on the bottles—of which there is no proof—they were instructed by the court to disregard the same when the exhibits were re-offered by the state, with the notations obliterated.
Furthermore, the testimony of the state’s witness Stephen Brown was undisputed that on April 12, 1963, he purchased the six quart bottles of beer from the appellant for $5.10. In view of his undisputed testimony, the admission in evidence of the labels containing similar information, although hearsay, would not call for a reversal. Chorn v. State, 107 Tex.Cr.R. 521 , 298 S.W. 290 ; Ashcraft v. State, 155 Tex.Cr.R. 1 , 229 S.W.2d 813 ; Williams v. State, 166 Tex.Cr.R. 617 , 317 S.W.2d 537 .
We overrule appellant’s contention that certain comments made by the court at the time he overruled appellant’s amended motion for new trial constituted reversible error under Art. 758, Vernon’s Ann.C.C.P., which provides that
“In granting or refusing a new trial, the judge shall not sum up, discuss or comment upon the evidence in the case, but shall simply grant or refuse the motion, without prejudice to either party.”
At the time he overruled the motion for new trial the court stated, in substance, that he did not know whether the jurors saw the notations on the bottles but that he wanted to present to this court the facts with reference to the opportunity of the jury to know what was on the labels. No additional facts have been presented to this court by the judge. If the court’s comments be construed as a violation of the statute, no injury to appellant is shown. In the absence of a showing of injury, the comments could not constitute reversible error. Williams v. State, 126 Tex.Cr.R. 42 , 69 S.W.2d 759 .
The motion for rehearing is overruled.
Opinion approved by the Court.