Wyres v. State

HARPER, Judge.

Appellant was prosecuted and convicted of murder, and his punishment assessed at death.

The first ground relied on is that the court erred in not sustaining the application for a change of venue in this case. Article 634 of the Code of Criminal Procedure reads: “The order of the judge granting or refusing a change of venue shall not be revised on appeal unless the facts upon which the same was based are presented in a bill of exceptions prepared, signed, approved and filed at the term of court at which the order was made.” The term of court at which appellant was tried adjourned…