237 S.W. 572

SMITH v. STATE.

(No. 6674.)

(Court of Criminal Appeals of Texas.

Feb. 15, 1922.)

Criminal law <@=v>l090(8) — Rulings on evidence not reviewable unless presented by bill of exceptions.

Ordinarily, the court’s rulings on evidence cannot be reviewed on appeal unless presented by a bill of exceptions, in vietv of Vernon’s Ann. Code Cr. Proc. 1916, art. 744.

Appeal from Criminal District Couft, Harris County; O. W. Robinson, Judge.

James Madison Smith was convicted of bigamy, and he appeals.

Affirmed.

E. T. Branch, Dist. Atty., of Houston, and R. G.. Storey, Asst. Atty. Gen.,- for the State.

MORROW, P. J.

Conviction is for bigamy; punishment fixed at confinement in the penitentiary for a- period of five years. The indictment is regular; no statement of facts nor bill of exceptions accompanies the record.

In the motion for new trial, complaint is made of the admission of evidence. The rulings of the court upon the receipt or rejection of evidence ordinarily cannot be reviewed upon appeal unless presented by bill of exceptions. Code Cr. Proc. art. 744; 2 Vernon’s Tex. Cr. Statutes, p. 534, note 15 and cases cited. In the absence of a bill of exceptions, complaint of the action of the court in ruling upon the evidence in the motion for new trial will not suffice. Clifton v. State, 70 Tex. Cr. R. 346, 156 S. W. 1179, and other cases listed in 2 Vernon’s Texas Crim. Statutes, p. 535.

The judgment is affirmed.

Smith v. State
237 S.W. 572

Case Details

Name
Smith v. State
Decision Date
Feb 15, 1922
Citations

237 S.W. 572

Jurisdiction
Texas

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