Childs v. State

LATTIMORE, Judge. —

Conviction for burglary; punishment, two years in the penitentiary.

We find in the record only one bill of exceptions, which complains of the refusal of the court below to allow in testimony an almanac for the purpose of showing what time the moon set on the night of the alleged offense. We know of no rule of law which would demand the use of such proposed testimony. There are probably almanacs and almanacs. There was no effort made to establish any authenticity or correctness of the almanac offered in this case. The authorities cited in appellant’s brief seem to indicate…