Simmons v. State

<p>1. —Assault to Murder—Motion for New Trial—Bill of Exceptions.</p> <p>A bill of exceptions reserved to the action of the court in overruling the motion for new trial adds no verity to the motion.</p> <p>2. —Same—Conduct of District Attorney.</p> <p>In the absence of a bill of exceptions, the complaint that the district attorney waved the pistol before the jury during his argument can not be t considered, when for the first time raised in the motion for new trial.</p> <p>3. —Same—Objections to Charge of Court.</p> <p>Under the recent law objections to the charge of the court must be made</p> <p>before the same is read to the jury, and where this is not done, and the question is for the first time raised in the motion for new trial, the same can .not be considered on appeal.</p> <p>4. —Same—Indeterminate Sentence Law—Punishment.</p> <p>Under the Indeterminate Sentence Law as it now stands, the court correctly required the jury to assess the punishment.</p> <p>5. —Same—Charge of Court—Aggravated Assault.</p> <p>Where, upon trial of assault to murder, the court’s charge upon adequate cause was applicable to the evidence and no special charge was requested, there was no error, and an objection to the court’s charge presented for the first time in the motion for new trial can not be considered.</p> <p>6. —Same—Sufficiency of the Evidence.</p> <p>Where, upon trial of assault to murder, the evidence sustained the conviction, there was no reversible error.</p> <p>'7.—Same—Bill of Exceptions—Motion for New Trial.</p> <p>A bill of exceptions to the overruling of a motion for new trial does not take the place of a bill of exceptions to proceedings during trial and does not present ■the matter for review.</p> <p>8.—Same—Sentence—Punishment—Reforming Judgment.</p> <p>Where the -jury assessed defendant’s punishment, and the court omitted under the Indeterminate Sentence Law to sentence him, this court will correct and reform the judgment and sentence to comport with the verdict.</p>