Gasery v. State

OPINION

ODOM, Judge.

The offense is burglary; the punishment was assessed by the jury at six years.

First, appellant complains of improper jury argument. The statement of facts does not contain the jury argument and the record shows no formal bill of exception as required by Art. 40.09, Sec. 6, Vernon’s Ann.C.C.P. No request appears to have been made by appellant that the court reporter take the jury argument, as provided by Art. 40.09, Sec. 4, Vernon’s Ann.C.C.P. Therefore, the same is not before us for review. See Smith v. State, Tex.Cr.App., 430 S.W.2d 496; Hill v. State, Tex.Cr.App., 420…