Opinion
No. 23114.
Delivered May 2, 1945.
1. — Bills of Exception — Statement of Facts.
Where defendant brought forward three bills of exception in transcript but record was before Court of Criminal Appeals without a statement of facts, court was unable to appraise such bills of exception.
2. — Bills of Exception — Question and Answer Form.
Bills of exception in question and answer form, without certificate from trial judge that it was necessary to have them in such form, could not be considered.
Appeal from Criminal District Court of Tarrant County. Hon. Willis M. McGregor, Judge.
Appeal from conviction for theft; penalty, confinement in the penitentiary for five years.
Affirmed.
The opinion states the case.
Jack Carter and W. E. Myres, both of Fort Worth, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
The appeal is from a sentence of five years in the penitentiary on a charge of theft.
The appellant brings forward three bills of exception in the transcript but the record is before this court without a statement of facts. Therefore, the court is unable to appraise said bills of exception. Article 760, Vernon's Ann. Code of Criminal Procedure, (cases cited under Note 6.)
Further, the bills are in question and answer form. The judge does not certify that it is necessary to have them in this form. Under the rules they cannot be considered. Jones v. State, 154 S.W.2d 456; Hyde v. State, 136 S.W.2d 850; Kodak v. State, 165 S.W.2d 908.
The judgment of the trial court is affirmed.