Darden v. State
Darden v. State
Opinion of the Court
Under an indictment charging the primary offense of robbery by assault, together with three prior felony convictions alleged for the purpose of enhancing the penalty, appellant was convicted and his punishment assessed at life imprisonment in the penitentiary.
No statement of facts accompanies the record.
In the absence of a statement of facts we are unable to appraise appellant’s objections and exceptions to the court’s charge. Mason v. State, 244 S. W. 2d 216; Conwell v. State, 258 S. W. 2d 86; Martinez v. State, 282 S. W. 2d 873.
In the absence of a statement of facts and in view of the court’s certification in the bill, to which there was no exception, that there were other witnesses than the three referred to who could have testified about the same matter, and, further, that the argument complained of was invited by the argument of counsel for the appellant, no reversible error is shown. 42 Tex. Jur. 357, Sec. 282; Spencer v. State, 154 Tex. Cr. R. 427, 227 S. W. 2d 552; McGowan v. State, 159 Tex. Cr. R. 10, 259 S. W. 2d 218.
Finding no reversible error the judgment is affirmed.
Opinion approved by the court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.