Cannon v. State

Full title: LOWLIS EDWARD CANNON v. THE STATE

Court: Court of Criminal Appeals of Texas

Date published: Jun 2, 1937

105 S.W.2d 666 (Tex. Crim. App. 1937)

105 S.W.2d 666

Opinion

No. 18770.

Delivered March 10, 1937. Rehearing Denied June 2, 1937.

1. — Appeal.

Where the record contains no statement of facts or bills of exception and no defect either in the indictment or procedure was pointed out or perceived, no question was presented for review.

ON MOTION FOR REHEARING.

2. — Statement of Facts — Filing.

Statement of facts not timely filed in trial court would not be considered as part of the record on appeal or as supporting motion for rehearing.

Appeal from the Criminal District Court of Dallas County. Tried below before the Hon. Grover Adams, Judge.

Appeal from conviction for theft of property over the value of $50; penalty, confinement in penitentiary for five years.

Affirmed.

The opinion states the case.

Savage, Holder Oatis and Baskett Parks, all of Dallas, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.

KRUEGER, JUDGE. —

Appellant was convicted of the offense of theft of property over the value of fifty dollars, and his punishment was assessed at confinement in the state penitentiary for a term of five years.

The record is before us without a statement of facts or bills of exception. No defect either in the indictment or procedure has been pointed out or has been perceived. No question is presented for review.

The judgment of the trial court is affirmed.

Affirmed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

ON MOTION FOR REHEARING.

LATTIMORE, JUDGE. —

Appellant moves for rehearing, and appends to his said motion what purports to be a statement of facts heard upon the trial of the case, and asks us to consider same in support of the motion for rehearing. Appellant makes his affidavit as to the correctness of said statement of facts, but admits same was not filed in the court below within the time fixed by statute. We, therefore, can not consider said statement of facts as a part of his record upon appeal or as supporting his motion for rehearing.

The motion for rehearing will be overruled.

Overruled.