The Texas Criminal Reports Volume 69 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...on the former appeal, and the judgment is afiirmed. Aflirmed. Rehearing denied, Ma.rch 26, 1913.--Reporter.. BUD SIMPSON v. STATE. No. 1976. Decided February 26, 1913. Rehearing denied March 26, 1913. 1.--Murder--Statement of I'acts--I'i1ing--Signature of Judge. Where the statement of facts was either dated back, or when filed did not bear the judge 's signature, the same could not be considered on appeal. 2.--Same--Approva.1 by Judge--Statement 01' Facts. The law provides that the statement of facts must be signed and approved by the trial judge, and he is not required to approve a statement of facts, if he does not deem the ame correct. Art. 824, Code Criminal Procedure Upon trial of murder, there was no error in admitting testimony that the defendant had served a term in the penitentiary; it not appearing that it was too remote. 4.--Same--Evidence--Bi11 of Exceptions. Where the court refused to approve a part of the bill of exceptions and defendant accepts the same and does not resort to a bill by bystanders, the bill of exceptions, as presented in the record, will be considered on appeal. Following Blain v. State, 34 Texas Crim. Rep., 448. The acts, remarks and conduct of the deceased right after the shooting were admissible as res gestae. 6.--Same--Objections--Practice on Appeal. Where the record showed that no exceptions to the testimony were reserved, there is nothing to review on appeal. 7.--Same--Charge of Court--Statement of Facts--Presumption. In the absence of a statement of facts, if the charge of the court is applicable to any state of facts which can be proved under the indictment, the presumption is that the court charged the law and all the law applicable to the case. Following Wright v. State, 37...