Summary
holding that an accused may not bring out objectionable testimony and then predicate error upon the refusal of the court to strike it from the record
Summary of this case from Moore v. StateOpinion
Arthur Lee Ivey was convicted in the District Court, Lubbock County, G. V. Pardue, J., of murder without malice, and he appealed.
The Court of Criminal Appeals, Davidson, J., affirmed the judgment and held that the evidence sustained the conviction and that no error appeared.
Page 424.
Commissioners' Decision.
None on appeal.
George P. Blackburn, State's Atty., of Austin, for the State.
DAVIDSON, Judge.
Murder without malice is the offense; the punishment, five years' confinement in the penitentiary.
That appellant killed deceased by stabbing him with a knife is not disputed. The facts support the verdict.
The defensive issues were pertinently submitted to the jury and in such a manner as that no exception or objection was reserved to the charge.
No error appearing, the judgment is affirmed.
Opinion approved by the Court.