Opinion
No. 16275.
Delivered November 22, 1933.
Appeal — New Trial.
Where motion for new trial is not verified, as required by law, and no evidence is brought before appellate court, either by bills of exceptions or statement of facts to support averments in motion, nothing is presented for review.
Appeal from the Criminal District Court No. 2, Dallas County. Tried below before the Hon. Nolan G. Williams, Judge.
Appeal from conviction for robbery; penalty, confinement in the penitentiary for five years.
Affirmed.
The opinion states the case.
Fred Harris, of Dallas, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for robbery, punishment assessed at five years in the penitentiary.
The indictment properly charges the offense. The record is before this court without statement of facts or bills of exception, in which condition nothing is presented for review.
Appellant sets up in her motion for new trial misconduct of the jury and alleges newly discovered evidence. The motion is not verified as required by law, and no evidence is brought before this court either by bill of exception or statement of facts attempting to support the averments in the motion.
The judgment is affirmed.
Affirmed.