Penninger v. State

Court of Criminal Appeals of Texas

Decided April 22, 1964

Court of Criminal Appeals of Texas · decided 1964-04-22

Relies on 170 Tex. Crim. 258 - Thompson v. State · Holley v. State · 170 Tex. Crim. 56 - English v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1964-04-22

How this case has been cited

Cited by 6 later decisions — most recently July 1986

6 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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DICE, Commissioner.

¶1The conviction is for robbery by assault; the punishment, five years in the penitentiary.

¶2No statement of facts of the evidence adduced upon the main trial accompanies the record.

¶3One formal bill of exception to certain alleged improper jury argument is found in the transcript. The bill of exception was by the court refused, with the court’s reasons noted thereon, and returned to the clerk. Appellant, after notice by the clerk of the court’s refusal, filed no bystanders bills and took no further action in the matter.

¶4Under the record, the bill of exception cannot be considered. English v. State, Tex.Cr.App., 338 S.W.2d 446; Thompson v. State, Tex.Cr.App., 339 S.W.2d 209; Holley v. State, Tex.Cr.App., 366 S.W.2d 570.

¶5The judgment is affirmed.

¶6Opinion approved by the court.