Anderson v. State

Citations

• 42 Tex. 389

Syllabus

<p>1. Continuance. This court will not regard a statement made in a motion for new trial in reference to some other alleged proceeding in the case, which the record does not verify as being true, as where the transcript fails to show that any action was had by the court on a motion for continuance. A motion for new trial which alleges error in overruling the application will not be regarded in the absence of a bill of exceptions, showing that the court did act upon and overrule the application.</p> <p>2. Oath op JURY. A recitation in the judgment-entry in a criminal cause, that the jury was “ sworn well and truly to try the case,” is not construed to mean that the jury was sworn in that form, but as equivalent to saying that the jury was sworn ; the words “ to try the case,” are construed to indicate nothing more than the case in which the jury was sworn, and not the form of the oath.</p>