State v. Callihan

BARHAM, Justice.

Willie Edward Callihan was indicted for murder, tried, found guilty of manslaughter, and sentenced to 18 years in the state penitentiary. He has appealed, relying upon nine bills of exception.

Bills of Exception Nos. 1 and 2

These bills were reserved during a pretrial hearing on the defendant’s mental capacity to proceed. Although the minutes and the trial judge’s per curiam show that evidence was presented at this hearing, the note of evidence is not made a part of these bills.

Code of Criminal Procedure Article 844 provides:

“A. The appellate court shall consider only formal…