232 S.W. 803 | Tex. Crim. App. | 1921
Lead Opinion
Appellant was convicted in the district court of Comanche county of assault to murder, and his punishment fixed at confinement in the penitentiary for a period of eight years.
There are no exceptions to the court’s charge, and none to the reception or rejection of evidence, and no question is raised as to any other matters, save the error of the court in overruling appellant’s motion for new trial. In said motion it is set up that appellant had employed counsel, but that ahout five minutes before the case was called for trial said counsel informed him that he would not appear on appellant’s behalf, and that appellant had better throw himself on the mercy of the court. When the case was called, appellant stated to the court that he thought he had an attorney, but such attorney had declined to go on with the case. The court appointed an attorney who assisted appellant in the selection of a jury, but who went no further in the trial.
In said motion, in addition to the claim that he had no counsel, appellant raised the question of the admissibility of certain evidence referred to, and the correctness of certain parts of the charge of the court.
This record presents no such case as calls for a reversal, and an affirmance is ordered.
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Rehearing
On Motion for Rehearing.
We are unable to find any error complained of in said motion for rehearing, which leads us to conclude that it should be granted, and the same is accordingly overruled.