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31 Tex. 173

Myers v. State

Texas Supreme Court

Decided April 15, 1868

Texas Supreme Court · decided 1868-04-15

The case was tried before Hon. Reuben A. Reeves, one of the district judges. The indictment was for assault and battery.

Decided 1868-04-15

Galdwell, J.

¶1—The defendant filed several exceptions to the indictment, which were never called to the attention of the court. A trial and conviction were had, and judgment entered, from which this appeal was taken. . The failure of the defendant to ask the ruling of the court below on his exceptions is equivalent to a waiver: (State v. Thompson, 18 Tex., 528; Chambers v. Miller, 9 Tex., 236.)

¶2No question can arise on the merits,, because there is no statement of facts. (Henderson v. Trimble, 8 Tex., 174; Sublett v. Kerr, 12 Tex., 370.)

¶3Dismissed.

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