Smotherman v. State

Appellant was convicted of burglary, his punishment being fixed at confinement in the penitentiary for a term of four years. The facts adduced on this trial are substantially the same as collated in the former appeal of this case. See 7 Texas Ct. Rep., 1023.

There is no bill of exceptions verifying the first ground of the motion complaining that the court erred in permitting witness, Allen Williams, to testify for the State; hence it cannot be reviewed.

The second ground of the motion complains that the court erred in failing to instruct the jury as follows: "Testimony has been introduced by…