Legal Opinion

Wilson v. State

Court of Criminal Appeals of Texas

Decided April 8, 1893No. 68PublishedCited by 11 opinions

Appeal from the District Court of Wilbarger. Tried below before Hon. J. A. Lucky, Special Judge. Appellant and one C. T. Doan were jointly indicted for the theft of one head of cattle, the property of Charles A. Wright and Joe Wright. Appellant Wilson being alone placed upon trial, he was found guilty, and his punishment assessed at two years confinement in the penitentiary. It is deemed unnecessary to state the testimony in the case.

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Appeal from the District Court of Wilbarger. Tried below before Hon. J. A. Lucky, Special Judge. Appellant and one C. T. Doan were jointly indicted for the theft of one head of cattle, the property of Charles A. Wright and Joe Wright. Appellant Wilson being alone placed upon trial, he was found guilty, and his punishment assessed at two years confinement in the penitentiary. It is deemed unnecessary to state the testimony in the case. The charge of the court with regard to the bill of sale, which was excepted to by the defendant as being upon the weight of evidence, is as follows: “You are…

1Opinion of the Court

DAVIDSON, Judge.

1. Having failed to reserve a bill of exceptions to the action of the court overruling his application for a continuance, defendant is not entitled to a revision of that question on appeal.

2. This court is not called upon to determine the admissibility of testimony when the bill of exceptions merely recites that it was offered by the State. It should be made affirmatively to appear in the bill that the evidence was admitted and went before the jury. Burke v. The State, 25 Texas Cr. App., 172; Willson’s Crim. Stats., sec. 2368.

3. - Defendant’s challenge for cause to one of the…

2Cited by11 opinions

  1. Williams v. StateCourt of Criminal Appeals of Oklahoma · 1910
  2. Davis v. StateCourt of Criminal Appeals of Texas · 1908
  3. Barber v. StateCourt of Criminal Appeals of Texas · 1895
  4. Myers v. StateCourt of Criminal Appeals of Texas · 1915
  5. Pollard v. StateCourt of Criminal Appeals of Texas · 1910

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