Myers v. State

Texas Supreme Court

Myers v. State

31 Tex. 173

CourtTexas Supreme Court

DecidedApril 15, 1868

StatusPublished

Cited by2 cases

This text of 31 Tex. 173 (Myers v. State) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Myers v. State, 31 Tex. 173 (Tex. 1868).

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Opinion

Galdwell, J.

—The defendant filed several exceptions to the indictment, which were never called to the attention of the court. A trial and conviction were had, and judgment entered, from which this appeal was taken. . The failure of the defendant to ask the ruling of the court below on his exceptions is equivalent to a waiver: (State v. Thompson, 18 Tex., 528; Chambers v. Miller, 9 Tex., 236.)

No question can arise on the merits,, because there is no statement of facts. (Henderson v. Trimble, 8 Tex., 174; Sublett v. Kerr, 12 Tex., 370.)

Dismissed.

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Galdwell, J.

—The defendant filed several exceptions to the indictment, which were never called to the attention of the court. A trial and conviction were had, and judgment entered, from which this appeal was taken. . The failure of the defendant to ask the ruling of the court below on his exceptions is equivalent to a waiver: (State v. Thompson, 18 Tex., 528; Chambers v. Miller, 9 Tex., 236.)

No question can arise on the merits,, because there is no statement of facts. (Henderson v. Trimble, 8 Tex., 174; Sublett v. Kerr, 12 Tex., 370.)

Dismissed.

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Bluebook (online)

31 Tex. 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-state-tex-1868.

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