Myers v. State
Texas Supreme Court
Appeal from Henderson. The case was tried before Hon. Reuben A. Reeves, one of the district judges. The indictment was for assault and battery.
1Opinion of the CourtGaldwell, J.
—The defendant filed several exceptions to the indictment, which were never called to the attention of the court. A trial and conviction were had, and judgment entered, from which this appeal was taken. . The failure of the defendant to ask the ruling of the court below on his exceptions is equivalent to a waiver: (State v. Thompson, 18 Tex., 528; Chambers v. Miller, 9 Tex., 236.)
No question can arise on the merits,, because there is no statement of facts. (Henderson v. Trimble, 8 Tex., 174; Sublett v. Kerr, 12 Tex., 370.)
Dismissed.
2Cases cited4 opinions
- Camp v. CampTexas Supreme Court · 1857
- Chambers v. MillerTexas Supreme Court · 1852
- Henderson v. TrimbleTexas Supreme Court · 1852
- Clapp v. NelsonTexas Supreme Court · 1854
3Cited by2 opinions
- Washington v. StateCourt of Appeals of Texas · 1884
- Williams v. StateCourt of Criminal Appeals of Texas · 1916