
    LOVE v. STATE.
    (No. 5294.)
    (Court of Criminal Appeals of Texas.
    Feb. 12, 1919.
    Rehearing Denied March 12, 1919.)
    Homicide <3=325 — Appeal — Reservation of Exceptions — Submission of Issues.
    Submitting the issue of manslaughter in a homicide case, although not warranted by the facts, is not error of which appellant can complain in the absence of an exception to the charge.
    Appeal from District Court, Brazoria County; Samuel J. Styles, Judge.
    Chris Love, Jr., was convicted of manslaughter, and he appeals.
    Affirmed.
    A. E. Masterson, of Angleton, for appellant.
    E. A. Berry, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted of manslaughter, his punishment being assessed at four years’ confinement in the penitentiary.

His contention is that the evidence did not justify the court in submitting the issue of manslaughter, and that the verdict is not supported by the facts. There were no exceptions reserved to the charge of the court. Under the recent case of Borrer v. State, 204 S. W. 1003, this court held that the court was not in error in submitting the issue of manslaughter when the facts may have only showed self-defense, or murder, as there was no exception to the charge of the court. This court held under those circumstances appellant could not take advantage of the supposed error in court’s charge. For a discussion of that matter we refer to the Bor-rer Case, supra. We are not in position, however, to hold that, had an exception been reserved, the issue of manslaughter was not in the case. It would serve no practical purpose ‘to review the testimony under the circumstances of this case.

The judgment will he affirmed. 
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