Opinion
No. 21536.
Delivered April 2, 1941.
1. — Charge (Special) — Practice in Trial Court.
Refusal to give special requested charges, which were covered in the main charge of the court, was no ground for reversal.
2. — Charge (Special) — Statement of Facts.
Exceptions to the trial court's refusal to give special requested charges could not be appraised, in the absence of a statement of facts.
Appeal from District Court of Gray County. Hon. W. R. Ewing, Judge.
Appeal from conviction for murder with malice; penalty, confinement in penitentiary for ninety-nine years.
Affirmed.
The opinion states the case.
Willis Via, of Pampa, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Appellant was convicted for murder with malice of Boyd Wilkinson, and his punishment assessed at confinement in the penitentiary for ninety-nine years.
No statement of facts has been brought forward. The only exceptions we find relate to the refusal of quite a number of special charges which were requested. We observe that most of them appear to have been covered in the main charge given by the court, and such as were not so included cannot be appraised in the absence of a statement of facts.