
    TAYLOR v. STATE.
    (No. 8206.)
    (Court of Criminal Appeals of Texas.
    June 4, 1924.
    Rehearing Denied Oct. 22, 1924.)
    f. Criminal law <¿=>1091 (4) — -Bill of exceptions to refusal to limit evidence must show necessity of limiting.
    Bill of exceptions to refusal to limit evidence must show it should have been limited.
    On Motion for Rehearing.
    2. Criminal law ©=>1091 (I I) — Bill of exceptions in question and answer form must be accompanied by statement of necessity of such form.
    Bill of exceptions in question, and answer form, to be considered, must, under Vernon’s Ann. Code Cr. Proe. 1916, art. 846, be accompanied by trial court’s statement of necessity of such form to clear understanding of point involved.
    3. Criminal law ©=>829(1) — No need-to give special charges covered by charge given.
    Special charged need not be given on issues covered by charge given.
    Appeal from District Court, Wichita County; H. R. Wilson, Judge.
    Roy Taylor was convicted of violation of liquor law, and appeals.
    Affirmed.
    Taylor & Taylor and Heyser & Hicks, all of Wichita Palls, for appellant.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin,, for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Wichita county of possessing intoxicating liquor, for the purpose of sale, and his punishment fixed at two' years in the penitentiary.

The facts in evidence amply support the judgment. There are four bills of exception, the first of which is in question and answer form, and under article 846, Vernon’s-C. C. P., and many decisions of this court,. cannot be considered. Bill No. 2 complains of the refusal of a motion presented to the learned trial judge, asking him to limit the testimony of state witness Bills to the effect that he drank whisky in Heyser’s office, find saw a dry gin bottle in Heyser’s office, which had a label on it similar to labels on the bottles in evidence, “to and for the purpose for which the same was admitted.” There is an utter lack of showing in the bill of reasons upon which such motion might have been supported. In order to invoke our consideration, a bill must be complete within itself. No reason is shown why the evidence referred to should be limited at all, nor is there suggestion of the purpose for which same was admitted. We must presume, in the absence of objection to the testimony, that there was sufficient reason on the part of the learned trial judge for admitting it, but in the absence of some showing of the purpose for which same was allowed, and that the jury might misappropriate said evidence, we could not determine the matter complained of. Bills Nos. 3 and 4 complain of the refusal of special charges, each of which was fully covered by the main charge of the court.

Finding no error in the record, an affirmance will be ordered.

On Motion for liehearing.

In the light of appellant’s motion we have again examined the record. There is no question of the fact that appellant’s bill of exceptions No. 1 is entirely made up of questions and answers. The plain language of article 846, C. C. P., provides that the questions and answers shall not be carried into a bill of exceptions, except where in the opinion of the judge such questions and answers may be necessary in order to elucidate the fact or question involved. This court has held in many cases that where the bill of exceptions is in such form it will not be considered by us, unless there be attached to the bill some statement of the court below that in his opinion it was necessary to make the questions and answers a part of the bill in order to a clear understanding of the point at issue. McCray v. State (Tex. Cr. App.) 287 S. W. 567; Smith v State (Tex. Cr. App.) 256 S. W. 262.

Appellant’s complaint of the fact that the court did not grant his motion and request to limit the testimony of the witness Bills was disposed of by us without extended discussion. It is impossible for this court to know from the bill of exceptions what the connection of the testimony complained of was with the case, The uniform rule of this court has been that a bill of exceptions, to call for fayorable action at our hands, must make clear the error of the ruling complained of. If the testimony was admissible upon any possible hypothesis growing out of the case, and a general complaint be made here that the court below failed to limit it, we are at a loss to know how this court could ascertain from the bill that the trial court was in error. As far. as the bill of exceptions before us is concerned, that objected to may have been the most material testimony in the case, and may have been directly pertinent to some of its main issues. We repeat that, unless it appears from the bill of exceptions that the testimony should have been limited to some particular purpose, and that there was danger of a misappropriation of it by the jury, such complaint cannot avail the accused.

The complaints of the refusal to give the special charges still seem to us to be unwarranted, in view of the fact that same were covered by the charge of the court as given.

The motion for rehearing will be overruled. 
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