Rice v. State

Court of Criminal Appeals of Texas

Rice v. State

226 S.W.2d 646, 154 Tex. Crim. 319, 1950 Tex. Crim. App. LEXIS 2044

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 11, 1950

DocketNo. 24583

StatusPublished

This text of 226 S.W.2d 646 (Rice 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

Rice v. State, 226 S.W.2d 646, 154 Tex. Crim. 319, 1950 Tex. Crim. App. LEXIS 2044 (Tex. 1950).

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Opinions

GRAVES, Judge.

Appellant was convicted by the jury of driving an automobile while intoxicated and was fined $300.00 and sentenced to 30 days in jail.

There is but one bill of exceptions in the record and that relates to certain alleged argument of the county attorney wherein it is alleged that such attorney stated to the jury that appellant had testified that “He drank on the road from Galveston.” This bill is qualified by the trial court to show that no such objection was made thereto when the statement was made, but that during such attorney’s address to the jury a written objection thereto was handed to the trial judge. The qualification further states that such statement was a logical conclusion from the testimony found in the record, and it seems to be such to us. We see no error shown in this bill, it being the only one, in the record, and the judgment is therefore affirmed.

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GRAVES, Judge.

Appellant was convicted by the jury of driving an automobile while intoxicated and was fined $300.00 and sentenced to 30 days in jail.

There is but one bill of exceptions in the record and that relates to certain alleged argument of the county attorney wherein it is alleged that such attorney stated to the jury that appellant had testified that “He drank on the road from Galveston.” This bill is qualified by the trial court to show that no such objection was made thereto when the statement was made, but that during such attorney’s address to the jury a written objection thereto was handed to the trial judge. The qualification further states that such statement was a logical conclusion from the testimony found in the record, and it seems to be such to us. We see no error shown in this bill, it being the only one, in the record, and the judgment is therefore affirmed.

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Bluebook (online)

226 S.W.2d 646, 154 Tex. Crim. 319, 1950 Tex. Crim. App. LEXIS 2044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-state-texcrimapp-1950.