Opinion

Clayton v. State

  • 139 Tex. Crim. 86
  • 138 S.W.2d 1084
  • 1940 Tex. Crim. App. LEXIS 241
Court
Court of Criminal Appeals of Texas
Filed
Feb 28, 1940
Status
Published
Author
Beauchamp
On the bench
Krueger, Beauchamp
Cited by
8 cases

The opinion

ON MOTION FOR REHEARING.

BEAUCHAMP, Judge.

In the motion for rehearing in this case appellant insists that this court “did not give to said cause that careful consideration which the seriousness of the charge and the severity of the punishment called for to reach a just conclusion.” The appellant’s statement is far from correct. The case is troublesome in all of its phases. It is unusual and unnatural in many aspects, and is a case which called for and received in this court unusual attention on all of the questions presented. As in most cases, it is impossible and it is not considered necessary to treat each and every question that may be raised but only those which in fact present legal questions.

Complaint is specifically made that Assignment of Error No. 13 was not discussed in the opinion. This assignment presents no question of law but only goes to the weight of the evidence, and the argument in its behalf is an argument on questions of fact properly made before the jury. This court does not take into consideration questions of fact which have been presented to the jury, and it would not be proper for it to do so.

We have again considered the legal questions presented and feel that the proper conclusion was reached in the original opinion.

The motion for rehearing is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.