Fennell v. State

OPINION

BELCHER, Judge.

The conviction is for robbery by assault with a prior felony conviction of like character alleged for enhancement; the punishment, life.

The appellant contends that the trial court erred in refusing his requested charge on circumstantial evidence.

The appellant’s objections to the court’s charge were dictated into the record and were not presented in writing as required by Articles 36.14 and 36.15, Vernon’s Ann.C.C.P. This Court has consistently held that the requirements of Articles 36.14 and 36.15, supra, control over the provisions of Art. 40.09, Sec. 4, V.A.C.C.P.,…