Shepherd v. State

Our opinion is questioned on the point made by appellant that he was charged with a capital felony and was never arraigned. It may be seriously questioned whether the bill of exceptions presenting this matter amounts to a certificate by the trial court that no arraignment was in fact had, or whether it only certifies that appellant raised such question in his motion for new trial. The cases cited in support of appellant's contention, viz: Mays v. State, 51 Tex.Crim. R.; Thompson v. State, 46 Tex.Crim. R.; Noble v. State, 50 Tex.Crim. R., are not in point. In each of such cases the record…