Wheeler v. State

239 S.W.2d 105 (1951)

WHEELER

v.

STATE.

No. 25262.

Court of Criminal Appeals of Texas.

April 11, 1951.

Rehearing Denied May 23, 1951.

Polk Shelton, Austin, for appellant.

Bob Long, Dist. Atty., Thomas D. Blackwell, Asst. Dist. Atty., Austin, George P. Blackburn, State's Atty., of Austin, for the State.

BEAUCHAMP, Judge.

The offense is murder; the punishment, five years in the penitentiary.

No contention is made as to the sufficiency of the evidence to support the verdict.

One bill of exception is presented which complains of the giving of Paragraph VIII of the Court's charge instructing the jury…