McCullough v. State

Court of Criminal Appeals of Texas

McCullough v. State

67 S.W.2d 312, 125 Tex. Crim. 156, 1934 Tex. Crim. App. LEXIS 20

Court of Criminal Appeals of Texas·Decided January 10, 1934·No. No. 16550.·Published

Opinion

*157 HAWKINS, Judge.

Conviction is for rape; the punishment being assessed at five years in the penitentiary.

The record is before this court without a statement of facts. The only bill of exception brings forward complaint at the refusal of certain special charges. Without knowing what facts were proven on the trial, manifestly this court is in no position to determine whether the special charges were appropriate. The presumption prevails that the trial court acted correctly in refusing them.

The judgment is affirmed.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

*157 HAWKINS, Judge.

Conviction is for rape; the punishment being assessed at five years in the penitentiary.

The record is before this court without a statement of facts. The only bill of exception brings forward complaint at the refusal of certain special charges. Without knowing what facts were proven on the trial, manifestly this court is in no position to determine whether the special charges were appropriate. The presumption prevails that the trial court acted correctly in refusing them.

The judgment is affirmed.

Affirmed.

McCullough v. State, 67 S.W.2d 312, 125 Tex. Crim. 156, 1934 Tex. Crim. App. LEXIS 20 (Tex. 1934).

Pincite

67 S.W.2d 312 (McCullough v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.