Opinion

McCullough v. State

  • 137 Tex. Crim. 577
  • 132 S.W.2d 112
  • 1939 Tex. Crim. App. LEXIS 523
Court
Court of Criminal Appeals of Texas
Filed
Jun 7, 1939
Status
Published
Author
Graves
On the bench
Christian, Graves
Cited by
1 cases
Authority
More cited than 1.9%

The opinion

ON MOTION FOR REHEARING.

GRAVES, Judge.

We have gone over the entire record, in the light of the vigorous motion for a rehearing filed herein. The matters complained of herein have all been considered in the careful and exhaustive original opinion, and we can see no good reason for a further writing thereon. The objections to the court’s charge should be directed to the revised charge, if such charge has been revised, and one can not rely upon such objections directed to a charge which has been withdrawn by the court, and which has not been read to the jury. See Johnson v. State, 40 S. W. (2d) 135 .

We commend appellant’s attorneys for their diligence in the trial of this cause, and the careful preparation of their briefs herein, but see no reason for receding from the position taken in our original opinion, nor for further writing hereon.

The motion is therefore 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.

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