# McCullough v. State

> Court of Criminal Appeals of Texas · June 7, 1939 · 137 Tex. Crim. 577

URL: https://www.frixlaw.com/law-library/cases/3958053

## Case

- **Full name:** Hobb McCullough v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 7, 1939
- **Citations:** 137 Tex. Crim. 577; 132 S.W.2d 112; 1939 Tex. Crim. App. LEXIS 523
- **Precedential status:** Published
- **Opinion:** Addendum by Graves
- **Judges:** Christian, Graves
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3958053

## Opinion text

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charge, if such charge has been revised, and one can not rely upon such objections directed to a charge which has been withdrawn by the court, and which has not been read to the jury.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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3958053. Public record. Not legal advice.