Wright v. State

Decided May 5, 1909

Court of Criminal Appeals of Texas · decided 1909-05-05

<p>Bigamy—Statement of Facts—Charge of Court—Practice on Appeal.</p> <p>Where upon trial for bigamy the charge of the court is applicable to a state of case provable under the allegations in the indictment, complaints with reference to the refusal of- special requested instructions cannot be considered upon appeal, in the absence of a statement of facts.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1909-05-05

How this case has been cited

Cited by 4 later decisions — most recently February 1940

1 federal appellate · 3 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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DAVIDSON, Presiding Judge.

¶1 This conviction was for bigamy, the punishment being assessed at three years and nine months in the penitentiary.

¶2 Appellant, in his motion for new trial, urges error on the part of the court in refusing to give his special requested instructions, and in failing to instruct the jury affirmatively to acquit if the State had failed to establish the validity of the second marriage. These matters can not be revised in the absence of a statement of the facts.

¶3 The charge given is applicable to a state of case provable under the allegations in the indictment. This court would not be justified in reviewing such errors complained of in the absence of statement of facts.

¶4 As the record presents the case the judgment is ordered to be affirmed.

¶5 Affirmed.