Vines v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bowie. Tried below before Hon. John L. Sheppard. Appellant was indicted for the murder of one David Morgan, and on his trial was found guilty of murder in the first degree, with the punishment assessed at death. There is no statement of facts in the case, and the only bill of exceptions contained in the record relates to the order of argument, the facts concerning which are fully discussed in the opinion.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at death. One of the grounds for the motion for a new trial is based upon the action of the court in overruling the application for a continuance. A bill of exceptions was not reserved to this ruling of the court; therefore it can not be considered. Willson’s Crim. Stats., sec. 2187.
Upon the conclusion of the opening argument, and not before, counsel for appellant declined to argue the case; whereupon the district attorney announced to the court that he desired to address the jury upon some…
2Cited by4 opinions
- Brewer v. StateCourt of Criminal Appeals of Oklahoma · 1929
- Leggett v. StateCourt of Criminal Appeals of Texas · 1911
- McClendon v. StateCourt of Criminal Appeals of Texas · 1931
- Loud v. StateCourt of Criminal Appeals of Texas · 1958