Jones v. State

Citations

• 40 Tex. 188

Syllabus

<p>1. When a reversal of a judgment in a criminal case is sought on account of alleged error in overruling an application by defendant for continuance, exceptions should have been taken to the action of the court on the application.</p> <p>2. When the accused fails to take exceptions to the action of the court in overruling an application for continuance, and aftewards announces ready for trial, and the evidence for the State establishes beyond question the commission of the offense, this court will not decide that there was error in overruling the application.</p> <p>8. When the charge of the court is confined to a killing on express malice, and the evidence cannot be explained on any hypothesis than one which would involve murder in the first degree, the judgment will not be reversed on account of the failure of the court to present in the charge the distinction between murder in the first and murder in the second degree.</p>