English v. State

338 S.W.2d 446, 170 Tex. Crim. 56, 1960 Tex. Crim. App. LEXIS 2078

Opinions

MORRISON, Presiding Judge.

The offense is murder; the punishment, 10 years.

It is undisputed that appellant shot and killed the deceased. Appellant’s plea of self defense was rejected by the jury, and we find the evidence sufficient to support their veridct. The question of the competency of the witness Lue Bertha Russell appears to have been waived when she was permitted to testify with no objection as to competency. Parris v. State, 320 S.W. 2d 853.

Appellant’s complaint as to argument cannot be appraised because not properly before us in a bill of exception. Appellant submitted his bill to the trial court on December 8, 1959; he qualified the same, and appellant excepted to such qualifications but did nothing further. We have recently in two cases (Wortham v. State, No. 31,529, 169 Tex. Cr. Rep. 164, 333 S.W. 2d 158 and Willie v. State, No. 31,614, 169 Tex. Cr. Rep. 393, 334 S.W. 2d 159, had before us for consideration the recent amend ment of Article 760d, V.A.C.C.P. In the amendment no provision is made for a trial judge to file his own bill of exception in a case, and no necessity exists for such a bill. The amendment as written clearly provides that if dissatisfied with the court’s reasons for not approving his bills of exception, the defendant must resort to bystanders’ bills or he will have none.

Finding the evidence sufficient to support the conviction and no reversible error appearing, the judgment is affirmed.