Opinion

Perkins v. State

  • 528 S.W.2d 598
  • 1975 Tex. Crim. App. LEXIS 1123
Court
Court of Criminal Appeals of Texas
Filed
Oct 22, 1975
Status
Published
Author
Douglas
On the bench
Roberts, Douglas, Morrison
Cited by
3 cases

The opinion

DOUGLAS, Judge

(dissenting).

Appellant requested a charge and the court gave it as requested. There was no objection to the court’s attaching the requested instruction to the rest of the charge. Absent an objection this should not be reviewed.

Article 36.14, V.A.C.C.P., provides, in part, as follows:

“ . . . Before said charge is read to the jury, the defendant or his counsel shall have a reasonable time to examine the same and he shall present his objections thereto in writing, distinctly specifying each ground of objection. . . ”

Appellant did not comply with the statute. He was apparently satisfied with the way the charge was submitted. Rulings of the trial judge should be passed upon when the case is on appeal. The Court should not hunt for, and reverse upon, harmless unob-jected to errors.

The judgment should be affirmed.

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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