Opinion
No. 23415.
Delivered June 19, 1946.
1. — Murder — Evidence.
Evidence, consisting of defendant's extra-judicial confession to arresting officers, together with proof of the corpus delicti, was sufficient to sustain murder conviction.
2. — Charges (Special).
Trial court's action in refusing defendant's special requested charges was not reviewable where refusal was not excepted to by defendant.
Appeal from Criminal District Court of Tarrant Count. Hon. Willis M. McGregor, Judge.
Appeal from conviction for murder, penalty, confinement in the penitentiary for twenty years.
Judgment affirmed.
The opinion states the case.
Hardin Bransford, of Fort Worth, for appellant.
Alfred M. Clyde, Criminal District Attorney, and Ardell M. Young, J. Elwood Winters, and W. E. Myers, Assistant Criminal District Attorneys, all of Ft. Worth, and Ernest S. Geons, State's Attorney, of Austin, for the State.
The offense is murder; the punishment, twenty years' confinement in the penitentiary.
That appellant killed the deceased by shooting him with a small-calibre pistol is shown, primarily, by appellant's extrajudicial confession to the arresting officers.
Appellant did not testify as a witness in his own behalf, nor did he present any affirmative defensive testimony.
The confession, together with proof of the "corpus delicti," is sufficient in law to sustain the jury's conclusion of guilt.
Not having been excepted to by appellant, the action of the trial court in refusing the special requested charges prevents our consideration of such charges.
The judgment of the trial court is affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.