# Wright v. State

> Court of Criminal Appeals of Texas · February 26, 1930 · 114 Tex. Crim. 597

URL: https://www.frixlaw.com/law-library/cases/9831692

## Case

- **Full name:** M. A. Wright v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 26, 1930
- **Citations:** 114 Tex. Crim. 597; 26 S.W.2d 236; 1930 Tex. Crim. App. LEXIS 255
- **Precedential status:** Published
- **Opinion:** On rehearing by Lattimore
- **Judges:** Christian, Lattimore
- **Cited by:** 2 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/9831692

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9831692. Public record. Not legal advice.