Vanwright v. State

OPINION

WOODLEY, Presiding Judge.

The offense is murder; the punishment, life.

Appellant’s first ground of error is that the court committed fundamental error in failing to arraign the appellant as provided for in Art. 26.01, Vernon’s Ann. C.C.P.

Art. 44.24 V.A.C.C.P. provides in part that this court shall presume that venue was proved in the court below and that the defendant was arraigned, “ * * * unless such matters were made an issue in the court below, or it otherwise affirmatively appears to the contrary from the record.”

In construing this portion of the prior statute (Art. 847 C.C.P.,…