Opinion
No. 19894.
Delivered November 9, 1938.
1. — Statement of Facts — Appeal.
A statement of facts which was not filed in the trial court is not entitled to consideration on appeal.
2. — Bills of Exception — Appeal.
In absence of a statement of facts that could be considered, Court of Criminal Appeals could not appraise bills of exception in the record.
Appeal from the County Court of Upshur County. Hon. J. P. Maberry, Judge.
Appeal from conviction for selling whisky in a dry area; penalty, fine of $100 and confinement in jail for thirty days.
Affirmed.
The opinion states the case.
W. A. McIntosh, of Gilmer, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is selling whisky in a dry area; the punishment, a fine of $100 and confinement in jail for thirty days.
The statement of facts does not appear to have been filed in the trial court. Hence it is not entitled to consideration.
We are unable to appraise the bills of exception in the absence of a statement of facts.
The judgment is 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.