Barrett v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant insists that the rule applicable to refused special charges appearing in Art. 2188, Revised Civil Statutes,—which requires that when such charges are marked re- fused there shall be a presumption that the party asking such charges presented same at the proper time, etc.,—should be given effect in this case, and that we erred in refusing to consider his three special charges each of which was marked refused but. none of which showed by any content or notation thereon, or separate bill of ex- ceptions relative thereto, when such charge was…