Avery v. State

HARRIS, Presiding Judge.

Appellant was convicted of murder in the first degree and the jury fixed his punishment at life imprisonment in the penitentiary. Appellant was represented by counsel of his own choice and at arraignment pleaded not guilty. After sentence was imposed appellant gave notice of appeal and trial counsel represents him on this appeal.

There was no motion to exclude the State’s evidence; there was no request for the affirmative charge, and no exceptions were reserved to the oral charge to the jury. Appellant did file a motion for a new trial on the ground, among others, that…