Johnson v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Wilbarger. Tried below before Hon. G. A. Brown. Appeal from a conviction of burglary; penalty, two j’ears imprisonment in the penitentiary. The indictment charged George Johnson, Charlie Boss, and Horace Jones with the burglary of the private residence of O. A. Swinburne. They were jointly tried and jointly convicted. There is no statement of facts and no bill of exceptions in the record.
1Opinion of the Court
BROOKS, Judge.
Appellants were convicted of burglary, and their punishment assessed at confinement in the penitentiary for a term of two years.
We find' no bill of exceptions nor statement of facts in the record. Appellants urge error in this court for the first time as to the charge of the court. If article 723, Code of Criminal Procedure, is constitutional, then, however erroneous the charge of the court may be, appellants having reserved no exception in the court below, either by bill or motion for new trial, they are without remedy at law. We think said article is 'constitutional, and…
2Cases cited9 opinions
- Williams v. StateWisconsin Supreme Court · 1884
- Darter v. StateCourt of Criminal Appeals of Texas · 1898
- State v. DavidsonSupreme Court of Missouri · 1881
- Pena v. StateCourt of Criminal Appeals of Texas · 1897
- Ford v. StateCourt of Criminal Appeals of Texas · 1899
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3Cited by14 opinions
- Kennedy v. StateCourt of Criminal Appeals of Texas · 1919
- Dent v. StateCourt of Criminal Appeals of Texas · 1901
- Jones v. StateCourt of Criminal Appeals of Texas · 1913
- Department of Family and Protective Services v. Travis Reid Dickensheets, Texas Court of Appeals, 1st District (Houston)2008
- Wimberly v. StateCourt of Criminal Appeals of Texas · 1924
9 more not listed; retrieve them via the Exa API.