Public-domain · open source
OpenJurist

150 S.W. 777

Davis v. State

Court of Criminal Appeals of Texas

Decided October 30, 1912

Court of Criminal Appeals of Texas · decided 1912-10-30

<p>Criminal Law (§ 1090*) — Appeai>-Record— Bill oe Exceptions — Necessity.</p> <p>In the absence of a bill of exceptions, the appellate court cannot review alleged error in not granting accused’s motion for a continuance.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2653, 2789, 2803-2822, 2825-2827, 2927, 2928, 2948, 3204; bee. Dig. § 1090.*]</p>

Affirmed · Decided 1912-10-30

HARPER, J.

¶1Appellant was tried in the district court of Eranklin county under an indictment charging him with robbery by the use of firearms. He was convicted, and his punishment assessed at confinement in the penitentiary for five years.

¶2There are no bills of exception found in the record, neither is there a statement of facts. The only matter presented for review by this court is found in the motion for new trial, and the only error assigned therein is that the court erred in not granting defendant’s motion for continuance. In the absence of a bill of exceptions, this is not properly presented for review by this court.

¶3The judgment is affirmed.

/150/sw/777 · .json · Public domain