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170 S.W. 149

Wynne v. State

Court of Criminal Appeals of Texas

Decided October 21, 1914

Court of Criminal Appeals of Texas · decided 1914-10-21

<p>Criminal Law (§ 1038*) — Appeal-Presentation Below — Instructions.</p> <p>Objections to instructions in a criminal case cannot be considered on appeal, when not presented below at the proper time.</p> <p>[Ed. Note. — Por other cases, see Criminal-Law, Cent. Dig. § 2646; Dec. Dig. § 1038.*].</p>

Cited by 1 later decisions — most recently May 1925

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-10-21

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PRENDERGAST, P. J.

¶1Appellant was convicted of the theft of cattle and the lowest punishment assessed.

¶2The court gave a correct and apt charge to the jury. There is no bill of exceptions in the record. The only assignments in the motion for new trial are: First. The verdict was contrary to the law and evidence. We have carefully read the evidence and it is amply sufficient to sustain the conviction. Second. He attempts to complain of certain paragraphs of the court’s charge. No objection whatever is shown to have been made to the charge at the proper time. The only complaint is made in the motion for new trial. Therefore, this complaint cannot be considered.

¶3The judgment is therefore affirmed.

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