Opinion
No. 16423.
Delivered January 17, 1934.
1. — Charge — Statement of Facts.
Criticisms of charge are not reviewable upon appeal in absence of statement of facts upon which the prosecution is based.
2. — Evidence — Statement of Facts.
Rulings upon admission of evidence are not reviewable upon appeal in the absence of the facts upon which the prosecution is based.
3. — Appeal — Sentence Reformed.
Sentence held irregular and reformed so as to condemn appellant to confinement in state penitentiary for a term of not less than two nor more than three years.
Appeal from the District Court of Wood County. Tried below before the Hon. Walter G. Russell, Judge.
Appeal from conviction for murder; penalty, confinement in the penitentiary for three years.
Reformed and affirmed.
The opinion states the case.
B. B. Gist, of Winnsboro, and Bozeman Cathey, of Quitman, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is murder; penalty assessed at confinement in the penitentiary for three years.
The evidence heard on the trial is not brought forward for review. No fault has been perceived in the indictment nor in any of the proceedings which, in the absence of the facts, would require discussion or justify a reversal of the conviction.
The criticisms of the charge and of the rulings upon the admission of evidence are not reviewable upon appeal in the absence of the facts upon which the prosecution is based.
The sentence is irregular. It will be reformed so as to condemn the appellant to confinement in the state penitentiary for a term of not less than two nor more than three years.
As reformed, the judgment is affirmed.
Reformed and affirmed.