DocketNumber: No. 13088.
Citation Numbers: 23 S.W.2d 380, 114 Tex. Crim. 479
Judges: LATTIMORE, JUDGE. —
Filed Date: 11/14/1929
Status: Precedential
Modified Date: 1/13/2023
"In the absence of a statement of facts, only fundamental errors will be revised. Every presumption will be in favor of the regularity of the conviction, the charge of the court, and of the sufficiency of the evidence."
The above quotation is from Branch's Ann. Tex. P. C., Sec. 602. It is based upon numerous decisions of this court which are collated therein. See Pilgrim v. State, 87 Tex.Crim. R., Texas Jurisprudence, Vol. 4, Secs. 167 and 168. Exceptions to this rule are rare and grow out of the peculiar facts in given cases. See Denton v. State, 42 Tex.Crim. R., and other cases collated by Mr. Branch in the section to which reference is made above.
It is the appellant's position in the present instance that his premises were searched by an officer who gave criminating testimony against the accused, obtained through a search, not shown to have been made under a valid search warrant supported by a sufficient affidavit. It is a rule of law often applied that the reception of improper evidence will not necessarily require or authorize a reversal of the conviction. See McWilliams v. State,
The motion for rehearing is overruled.
Overruled. *Page 482