Opinion
No. 29169.
June 26, 1957. Rehearing Denied October 16, 1957.
Appeal from the Criminal District Court, Harris County, E. B. Duggan, J.
No attorney of record on appeal for appellant.
Dan Walton, Dist. Atty., Thomas D. White, Asst. Dist. Atty., Houston, Leon B. Douglas, State's Atty., Austin, for the State.
The offense is burglary, with prior convictions of felonies less than capital alleged for enhancement; the punishment, life.
The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular, and nothing is presented for review.
The judgment is affirmed.
On Appellant's Motion for Rehearing
A purported statement of facts was received by the clerk of this court on October 9, 1957, which was more than 200 days after notice of appeal was given. The court reporter's certificate thereto bears the date of October 4, 1957. It fails to show that it had been approved by the trial judge or the appellant and the attorney representing the state. Also, it fails to show that it had been filed with the clerk of the trial court.
Under the record, this court is not authorized to consider such a purported statement of facts. Art. 759a, Vernon's Ann.C.C.P.; Jaynes v. State, Tex.Cr.App., 296 S.W.2d 934; Keener v. State, Tex.Cr.App., 300 S.W.2d 85; Hankins v. State, Tex.Cr.App., 294 S.W.2d 850; Anaya v. State, Tex.Cr.App., 292 S.W.2d 108.
Appellant's motion for rehearing is overruled.
Approved by the Court.