(DOWNLOAD) "Lester Bennett Sublett v. State" by Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Lester Bennett Sublett v. State
- Author : Court of Criminal Appeals of Texas
- Release Date : January 20, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Appellant takes us to task for failing to set out in our original opinion that portion of his Bill of Exception No. 1 which he contends constituted a certificate of error by the trial court. The bill contains the recitation that by the asking of the question (set out in the original opinion), "the States attorney thereby got before the jury by implication that officer Howe did have such an intoximeter test in his possession and that such intoximeter equipment was available, and the resulting implication that the appellant had refused such test." Appellant contends that the court did not specifically negative this recitation in his qualification of the bill. The recitation quoted above, upon which appellant relies, is no more than a conclusion drawn from the fact that the question was asked. We will be bound only by certificates from the trial court as to facts. The question was asked. This fact is certified in the bill and is binding on this court. The trial judges conclusion as to the "resulting implication" is not binding on this Court. The facts are before us as they were before the trial judge. We alone reserve the right to pass upon what effect those facts had upon the trial of the accused. Our conclusion is that the asking of the question did not tell the jury that appellant had refused to take the intoximeter test.