Teague v. State

<p>1. —Murder—Continuance—Practice on Appeal.</p> <p>The recital in the judgment that a continuance was refused and that defendant excepted will not supply the place of a specific bill of exceptions, and this court will not consider same. Following Gaston v. State, 11 Texas Grim. Rep., 143, and other cases.</p> <p>2. —Same—Special Venire—Motion to Quash—Practice on Appeal.</p> <p>Where, upon appeal, there appeared in the record a motion to quash the special venire, but no evidence to sustain the grounds alleged in the motion for new trial, and there was no bill of exceptions reserved to the action of the court in overruling the same, the matter can not be reviewed. Following Sharp v. State, 6 Texas Grim. Rep., 657.</p> <p>3. —Same—Peremptory Challenges—Bill of Exceptions.</p> <p>In the absence of a bill of exceptions, the objection that defendant was required to exhaust his peremptory challenges, and that he should have been granted additional challenges can not be reviewed.</p> <p>4. —Same—Bill of Exceptions.</p> <p>In the absence of bills of exception to the admission and exclusion of evidence, the matter can not be reviewed on appeal.</p> <p>5. —Same—Charge of Court—Manslaughter—Ground of Objection.</p> <p>Where defendant’s ground of objection in his motion for new trial is that the court erred in his charge to the jury in failing to submit manslaughter, etc., and points out no error in the charge of the court the same is insufficient to present any matter for review. Following Quintana v. State, 29 Texas Grim. App., 401, and other cases. Davidson, Presiding Judge, dissenting.</p> <p>6. —Insult to Female Relative—Charge of Court.</p> <p>Where, upon trial of murder, the evidence slightly raised the issue of manslaughter with reference to insulting conduct to a female relative, but also showed that defendant’s estimate of said relative was such that he must have known that the alleged statement upon which he was presumed to act was true, this would not reduce the grade of offense to manslaughter, and there was no error in the court’s failure to charge thereon; especially when considered under article 723, Code Criminal Procedure. Davidson, Presiding Judge, dissenting.</p> <p>7. —Same—Sufficiency of the Evidence.</p> <p>Where, upon trial of murder, the evidence sustained a conviction of murder in the first degree, the same will not be disturbed on appeal.</p> <p>8. —Same—Argument of Counsel.</p> <p>Where the grounds of objection to the remarks of the district attorney are not verified by any bill of exceptions, the same can not be considered on appeal.</p> <p>9. —Same—Requested Charges.</p> <p>A ground of objection that the court erred in refusing the several special charges requested by defendant is too general to be reviewed on appeal.</p>