Giles v. State

• Decision Date: 07 March 1928
• Docket Number: (No. 11206.)
• Citation: 4 S.W.2d 66
• Parties: GILES v. STATE.
• Court: Texas Court of Criminal Appeals

4 S.W.2d 66

GILES v. STATE.

(No. 11206.)

Court of Criminal Appeals of Texas.

March 7, 1928.

Appeal from District Court, Stephens County; C. O. Hamlin, Judge.

L. R. Giles was convicted for theft, and he appeals. Reversed and remanded.

T. B. Ridgell, of Breckenridge, for appellant.

A. A. Dawson, State's Atty., of Austin, for the State.

LATTIMORE, J.

Conviction for felony theft; punishment, six years in the penitentiary.

Since the disposition of this case is in nowise affected by the facts related by the witnesses, a discussion of same will not be indulged. There are a number of bills of exception taken to the argument. The qualifications appended to these bills were excepted to by appellant and for this reason cannot be considered, but we do not believe the bills of exception present any error, considered without the qualifications.

One bill of exceptions complains of the introduction of testimony by the district attorney. Aside from the explanation of the antecedent facts appearing in the qualification to the bill, the relevance of the testimony does not appear. We cannot hold this testimony harmless to the accused. The district attorney testified that a man indicted for complicity in this theft with appellant had been acquitted under instructions from the court, but that he had been reindicted.

There are three bills of exception complaining substantially of the proposition that appellant was deprived of the presence and representation by his counsel who had gone to another city to try a case and was unable to get back. Each of these bills have appended to them lengthy qualifications consisting largely of statements of facts relative to conversations between the court and appellant's counsel, and agreements and understandings had between them under which appellant's counsel went away from Stephens county to Rockwall county to try a case there at the time the instant case was set. The qualifications of the court are excepted to and such exceptions appear in a separate bill duly drawn, and approved by the court. We are compelled to give effect to the exceptions. The trial court has no right to qualify a bill of exceptions by a statement of matters known personally to the judge which did not transpire during the trial, or were not in some manner immediately connected therewith. Forrester v. State, 95 Tex. Cr. R. 62, 252 S. W. 785. The trial court has no right to qualify a bill of exceptions over the objections of the appellant, but in such case should...