
    KOSAREK v. STATE.
    (No. 6577.)
    (Court of Criminal Appeals of Texas.
    Dec. 21, 1921.)
    Criminal law <&wkey;l038(l) — Charges and objections, not shown to have been called to court’s attention, not considered on appeal.
    Under Vernon’s Code Cr. Proc. 1916, arts. 735, 737, special charges or objections to a charge, not shown to have been filed before the main charge was read to the jury, or ever called to the court’s attention, cannot be considered on appeal.
    Appeal from District Court, Austin County ; M. C. Jeffrey, Judge.
    Frank D. Kosarek, alias Frank D. Cook, was convicted of bigamy, and he appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Conviction is for bigamy. Penalty, two years in penitentiary. Appellant was indicted for intermarriage with Annie Vrazel when he had a former living wife. The evidence is sufficient to sustain the conviction. Appellant claims to have believed he had secured a divorce from his first wife. That issue was submitted to the jury and determined against him.

We find in the record what purports to be some exceptions to the charge, and also some special charges. None of them bear an indorsement of the trial judge. It nowhere appears that either the special charges, or the objections to the charge, were filed before the main charge was read to the jury, or were ever called to the court’s attention. Under such conditions, we cannot consider any of them. Articles 735 and 737, Vernon’s C. C. P., and notes thereunder.

The judgment of the trial court is affirmed. 
      @=p]Tor other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     