Biggs v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The motion for rehearing is based upon the idea that certain alleged errors pointed out in the bills of exceptions demand a reversal of the judgment although there is before this court no statement of the facts that were heard upon the trial.

“In the absence of a statement of facts the appellate court will not appraise a bill of exception complaining of the admission or exclusion of testimony, unless the bill has been so drawn as to demonstrate that the ruling was erroneous and was calculated to injure the accused.” (Texas Jurisprudence, Vol. 4,…