Seats v. State

Decided November 11, 1914

Court of Criminal Appeals of Texas · decided 1914-11-11

1. Criminal Law (§ 1056*) — Appeal—Reservation of Grounds of Review — Excep- . TIONS. Errors in the charge cannot be reviewed on appeal in a criminal case, where no exception was reserved to the charge before it was read to the jury, or at all. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2668, 2670; Dec. Dig. 1056.*] 2. Criminal Law (§§ 1121, 1122*) — Appeal-Record — Matters Presented for Review. The sufficiency of the evidence to sustain a conviction and the refusal to give instructions cannot be reviewed, where the evidence is not in the record on appeal. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 293.8, 2939, 2940-2945; Dec. Dig. §§ 1121, 1122.*]

Affirmed · Decided 1914-11-11

DAVIDSON, J.

¶1This is a conviction for assault to murder; the punishment being assessed at two years’ imprisonment in the xien-itentiary.

¶2The record is before us without a bill of exceptions or a statement of facts.

¶3[1,2] The motion for new trial is based upon the insufficiency of the evidence, and refusal to give certain instructions, and errors in the charge. There was no exception reserved to the charge before it was read to the jury, and, in fact, no exception was reserved. The evidence not being before us, the other matters cannot be considered.

¶4The judgment is affirmed. ,