Wheeler v. State

Court of Criminal Appeals of Texas

Decided June 22, 1960

Court of Criminal Appeals of Texas · decided 1960-06-22

Relies on Upchurch v. Clinton County · 164 Tex. Crim. 469 - Stockman v. State · 169 Tex. Crim. 152 - Mitcham v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1960-06-22

How this case has been cited

Cited by 37 later decisions — most recently December 2018 · most notably State v. Reed (1961), King v. State (1995)

2 federal appellate · 34 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BELCHER, Commissioner.

¶1The conviction is for murder; the punishment, 18 years.

¶2The statement of facts in the record shows that it does not contain all the evidence adduced upon the trial.

¶3The sufficiency of the evidence and the bills of exception relating to the court’s ruling on the admission of evidence cannot be appraised without a complete statement of facts or other showing that the claimed errors were not waived or cured. Stockman v. State, 164 Tex.Cr.R. 469, 303 S.W.2d 410; Williams v. State, Tex.Cr.App., 329 S.W.2d 284; Lucky v. State, Tex.Cr.App., 330 S.W.2d 433; Mitcham v. State, Tex.Cr.App., 332 S.W.2d 714.

¶4The judgment is affirmed.

¶5Opinion approved by the Court.