BOWDEN v. STATE.
(No. 3412.)
(Court of Criminal Appeals of Texas.
Feb. 3, 1915.
On Rehearing, March 10, 1915.)
CRIMINAL Law <&wkey;>1038 — Appeal—Presenting Questions in Lower Court — Exceptions to Charge.
A conviction will not be reversed for errors in the charge which were not called to the attention of the court before the charge was read to the jury, in the manner required by the statute.
[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2646; Dec.» Dig. <§=>1038.]
Appeal from District Court, Walker County; S. W. Dean, Judge.
Jim Bowden was convicted of murder, and he appeals.
Affirmed.
M. E. Gates, of Huntsville, for appellant. L. C. Kemp, W. W. Meaehum, Jr., and McDonald Meachum, all of Houston, for appellant on rehearing. C. C. McDonald, Asst. Atty. Gen., for the State.
DAVIDSON, J.
Appellant was convicted of murder, his punishment being assessed at 40 years’ confinement in the penitentiary.
The record is before us without bills of exception. Some exceptions are noted in the motion for new trial to the charge of the court. These matters were not called to the attention of the court before the charge was read to the jury, and the errors assigned on the charge are not of a sufficient nature to require a reversal. Under the recent statute in order usually to have errors in the charge, or supposed errors, reviewed, proper steps must be taken to call these matters to the attention of the court before the charge is read to the jury. This is not claimed to have occurred. The evidence, we think, is sufficient to support the conviction; but we deem it unnecessary to recapitulate this testimony. It is of no particular value to the profession or to the courts.
The judgment is affirmed.
On Rehearing.
Majority of the court decides the case ought to be affirmed. I have followed their decisions in writing the original opinion. At some time I will write fully on the recent act of the Legislature with reference to charges, and what was intended by that act with reference to exceptions to the charge, their force and effect.