Garcia v. State

227 S.W.2d 569, 154 Tex. Crim. 413, 1950 Tex. Crim. App. LEXIS 2085

Opinions

DAVIDSON, Judge.

The offense is assault with intent to murder; the punishment, seven years in the penitentiary.

That appellant shot the injured party three times with a pistol is not disputed. According to the state’s testimony, the shooting was without justification or excuse; according to appellant’s testimony, he shot in self-defense.

The defensive theory, which the jury rejected, was pertinently submitted by the trial court in his charge. The facts war-want the jury’s finidng.

No bills of exception appear in the record, without which we cannot consider appellant’s contention that the trial court erred in overruling his motion for a continuance.

The judgment is affirmed.

Opinion approved by the court.