Penninger v. State

Court of Criminal Appeals of Texas

Penninger v. State

377 S.W.2d 952, 1964 Tex. Crim. App. LEXIS 938

CourtCourt of Criminal Appeals of Texas

DecidedApril 22, 1964

DocketNo. 36897

StatusPublished

This text of 377 S.W.2d 952 (Penninger 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

Penninger v. State, 377 S.W.2d 952, 1964 Tex. Crim. App. LEXIS 938 (Tex. 1964).

Pincite

Opinion

DICE, Commissioner.

The conviction is for robbery by assault; the punishment, five years in the penitentiary.

No statement of facts of the evidence adduced upon the main trial accompanies the record.

One formal bill of exception to certain alleged improper jury argument is found in the transcript. The bill of exception was by the court refused, with the court’s reasons noted thereon, and returned to the clerk. Appellant, after notice by the clerk of the court’s refusal, filed no bystanders bills and took no further action in the matter.

Under the record, the bill of exception cannot be considered. English v. State, Tex.Cr.App., 338 S.W.2d 446; Thompson v. State, Tex.Cr.App., 339 S.W.2d 209; Holley v. State, Tex.Cr.App., 366 S.W.2d 570.

The judgment is affirmed.

Opinion approved by the court.

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