English v. State

ON appellant’s motion for rehearing

DICE, Judge.

Appellant insists that we should appraise his complaint to jury argument by considering his bill of exception which, as qualified, was adopted by the court and filed in the cause as the court’s bill of exception. In support of his contention apellant relies upon Aleman v. State, 169 Tex. Cr. Rep. 129, 332 S.W. 2d 317 where we did consider a court’s bill of exception which was filed in the cause after the recent amendment of Art. 760d, V.A.C.C.P. The Aleman case is not here controlling because in that case notice of appeal was given prior to the…