Munoz v. State

179 S.W. 566, 77 Tex. Crim. 545, 1915 Tex. Crim. App. LEXIS 124
CourtCourt of Criminal Appeals of Texas
DecidedOctober 20, 1915
DocketNo. 3710.
StatusPublished
Cited by1 cases

This text of 179 S.W. 566 (Munoz v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Munoz v. State, 179 S.W. 566, 77 Tex. Crim. 545, 1915 Tex. Crim. App. LEXIS 124 (Tex. 1915).

Opinion

HARPER, Judge.

Appellant was convicted of murder, and his punishment assessed at twenty-five. years confinement in the State penitentiary.

As there was no exception reserved to the introduction of the testimony of the witness John Slomsehinskie the complaint in regard to same, in the motion for new trial, does not present the matter in a way we can review the action of the court.

In the beginning paragraph of the charge of the court he informed the jury that “appellant stands charged by indictment with the offense *546 of the murder of Sapriano Gonzales alleged to have been committed by him.” ■ This does not suggest to the jury that in the opinion of the court appellant was guilty, as contended in the complaint, of the charge.

As appellant requested the court to instruct the jury that his failure to testify should not be taken as a circumstance against him, certainly the court so doing presents no error.

The judgment is affirmed.

Affirmed.

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Related

Bills v. State
305 S.W.2d 614 (Court of Criminal Appeals of Texas, 1957)

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Bluebook (online)
179 S.W. 566, 77 Tex. Crim. 545, 1915 Tex. Crim. App. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munoz-v-state-texcrimapp-1915.