Castanedo v. State

Citations

• 7 Tex. Ct. App. 582

Syllabus

<p>1. Practice.—To make objections to evidence available on appeal, they and the matters objected to must be set out in a bill of exceptions, or else, as now allowed by the Rules of Court, be noted and set out in a statement of facts.</p> <p>2. Practice in this Court. — Unless objections to evidence and the evidence objected to be brought up in the record, this court will consider only the validity of the indictment, and the sufficiency of the charge to the jury upon any state of evidence adducible under the indictment.</p> <p>3. Challenge to the Array is allowable only for the cause prescribed in the Code, to wit, “ that the officer summoning the jmy has acted corruptly, and has wilfully summoned persons upon the jury known to be prejudiced against the defendant, and with a view to cause him to be convicted.”</p> <p>4. Same. — Unless a bill of exceptions was reserved to the overruling of a challenge to the array, the ruling is not revisable; and when, as in the present case, the record nowhere discloses that the challenge was called to the attention of the court below, the presumption obtains that it was waived.</p>