Opinion

Wright v. State

  • 114 Tex. Crim. 597
  • 26 S.W.2d 236
  • 1930 Tex. Crim. App. LEXIS 255
Court
Court of Criminal Appeals of Texas
Filed
Feb 26, 1930
Status
Published
Author
Lattimore
On the bench
Christian, Lattimore
Cited by
2 cases
Authority
More cited than 12.3%

The opinion

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Each of the two bills of exception appearing in this record are qualified by the court, which qualifications were accepted by the accused without complaint, and each of which is binding upon us. Manifestly without some showing in the bill of exception complaining of a statement made by appellant a half hour after the fatal difficulty, and after he had been out riding, would not necessarily be under such circumstances as to make it receivable as res gestae. The trial court heard the testimony and had the witnesses before him, and rejected the testimony, saying as an explanation that it was not res gestae. We see no reason for thinking his ruling any abuse of his discretion. Certainly under many decisions of this court the second bill of exception presents no error. The testimony objected to had been placed before the jury without objection from two other witnesses. Duncan v. State, 111 Texas Crim. Rep. 633 .

The motion for rehearing will be overruled.

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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