Brooks v. State
Court of Appeals of Texas
Appeal from the District Court of Navarro. Tried below before the Hon. F. P. Wood. The indictment was for the theft of two oxen. The jury found a verdict of guilty, and assessed the punishment at five years in the penitentiary.
1Opinion of the CourtWhite, J.
In the case of William Nelson v. The State, decided by this court at the Austin term, 1876, it was said in regard to continuances that “ the former decisions of our courts, from the earliest days down to the present, *2make the saving of a bill of exceptions a prerequisite and sine qua non to revisory action by the appellate court. Nor is the failure to do so remedied (as in this case) by incorporating the action of the lower court in the judgment rendered.” (See that case for a number of authorities collected and cited in support of the proposition.) No bill of exceptions was saved to the…
2Cases cited4 opinions
- Henrie v. StateTexas Supreme Court · 1874
- Keef v. StateTexas Supreme Court · 1876
- State v. SullivanTexas Supreme Court · 1852
- Land v. MillerTexas Supreme Court · 1852