Ellington v. State

HARPER, Judge.

Appellant was indicted, charged with theft of cattle, and upon being tried he was convicted and his punishment assessed at two years confinement in the penitentiary.

Appellant in his motion for a new trial complains that the court erred in forcing him to go to trial and be tried by a “picked up jury.” Ho exception was reserved to the action of the court, and in the absence of a bill of exceptions we must presume that such action, if a jury was thus -selected, was not objected to at the time by appellant, and if not objected to at that time, it comes too late after verdict'…