Rosser v. State

Full title: Clifford Harrison ROSSER, Appellant, v. The STATE of Texas, Appellee.

Court: Court of Criminal Appeals of Texas

Date published: Nov 19, 1958

318 S.W.2d 82 (Tex. Crim. App. 1958)

Opinion

318 S.W.2d 82 (Tex.Crim.App. 1958) Clifford Harrison ROSSER, Appellant, v. The STATE of Texas, Appellee. No. 30120. Court of Criminal Appeals of Texas. November 19, 1958

Temple R. Driver, Roger W. Crampton, Wichita Falls, for appellant.

L. T. Wilson, Dist. Atty., Wichita Falls, and Leon B. Douglas, State's Atty., Austin, for the State. MORRISON, Presiding Judge.

The offense is murder; the punishment, life.

No statement of facts in the trial on the merits accompanied the record.

The only question sought to be raised is the failure of the trial court to grant his motion for severance. There is nothing in the record to show that such motion was ever presented to the trial court or that he acted thereon. Since there is no order and no exception thereto, there is no informal bill of exception which can be considered under Article 760c, Vernon's Ann.C.C.P., and nothing is presented for review. Crawford v. State, Tex.Cr.App., 305 S.W.2d 362.

The judgment is affirmed.