Foster v. State
Court of Appeals of Texas
Appeal from the County Court of Wood. Tried below-before the Hon. W. J. Jones. The offense of which appellant was convicted was the-theft of a pair of drawers, worth $1.
1Opinion of the CourtWhite, J.
In this case, on the trial below, the defend— *364:ant neither excepted to the charge of the court nor asked additional instructions, and he has not filed an assignment of errors. “Our supreme court have said in a number of cases that in misdemeanors the defendant must except to "the action of the court at the time of the trial, if he is not ■satisfied, and, if not excepted to, the action of the court below will not be revised.” Browning v. The State, decided by this court at the Austin term, 1876, ante p. 96, citing Mooring v. The State, 42 Texas, 85; O’Connell v. The State, 18 Texas, 343;…
2Cases cited2 opinions
- O'Connell v. StateTexas Supreme Court · 1857
- Mooring v. StateTexas Supreme Court · 1874