Butler v. State

• Decision Date: 27 January 1897
• Citation: 38 S.W. 787
• Parties: BUTLER v. STATE.
• Court: Texas Court of Criminal Appeals

38 S.W. 787

BUTLER v. STATE.

Court of Criminal Appeals of Texas.

January 27, 1897.

Appeal from district court, Dallas county; Charles F. Clint, Judge.

Charley Butler was convicted of burglary, and appeals. Affirmed.

Mann Trice, for the State.

DAVIDSON, J.

Appellant was convicted of burglary; hence this appeal. The indictment contains two counts, — one charging burglary at night, the other in the day-time. The court, in his charge to the jury, submitted both counts, and they convicted him under the first count.

There is neither a statement of facts, bill of exceptions, nor assignment of errors in the record. He does not complain of the jury as being unfair or impartial. It is not claimed that any testimony was admitted which was objectionable, and the ground upon which he sought his new trial in the court below was that he was speedily tried. This contention is borne out by the record; for it shows that he was indicted on the 8th of October, 1896, and the judgment shows that he was convicted on the same day. It would seem that the constitutional provision which guaranties the accused a speedy public trial was literally complied with in this case. There were no objections urged by him to the speedy proceeding. He acquiesced in it, went to trial, and, for the first time, in his motion for a new trial, says he was tried too hurriedly. Appellant was represented upon the trial by counsel. We would presume that, if a postponement had been desired, they would have asked it, and have claimed his statutory rights; but the appellant went to trial, and the presumption is that a postponement would have been of no benefit to the accused. No defense is suggested by the appellant in his motion. The judgment is affirmed.