VANWRIGHT v. STATE

No. 42578.

454 S.W.2d 406 (1970)

Joseph VANWRIGHT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 29, 1970.

Second Rehearing Denied June 17, 1970.


Attorney(s) appearing for the Case

Goodwin & Matheny, by Joe B. Goodwin, Beaumont (on appeal only) for appellant.

W. C. Lindsey, Dist. Atty., Lawrence J. Gist, Asst. Dist. Atty., Beaumont, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is murder; the punishment, life.

Appellant's first ground of error is that the court committed fundamental error in failing to arraign the appellant as provided for in Art. 26.01, Vernon's Ann. C.C.P.

Art. 44.24 V.A.C.C.P. provides in part that this court shall presume that venue was proved in the court below and that the defendant was arraigned, "* * * unless such matters were made an issue in...

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