Opinion
No. 18094.
Delivered April 1, 1936.
1. — Burglary — Affirmance.
Where the facts are amply sufficient to justify conclusion of jury, no bills of exception appearing in the record, and all matters of procedure upon trial appeared to be regular, conviction for burglary would be affirmed.
2. — Habeas Corpus — Appeal.
Record concerning effort on part of defendant in vacation to secure release by habeas corpus, held to have no place in record on appeal from the result of trial and conviction of defendant.
Appeal from the District Court of Comanche County. Tried below before the Hon. R. B. Cross, Judge.
Appeal from conviction for burglary; penalty, confinement in penitentiary for nine years.
Affirmed.
The opinion states the case.
George W. Mills, of Waco, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for burglary; punishment, nine years in the penitentiary.
The facts in this case are amply sufficient to justify the conclusion of the jury. There are no bills of exception appearing in the record. All matters of procedure upon the trial of this appellant appear to have been regular.
We find in this record evidences of an effort on the part of appellant in vacation to secure her release by habeas corpus, the record concerning which question has no place in the appeal from the result of a trial and conviction of this appellant. The effort of appellant set forth in her habeas corpus papers is fully disposed of by what we have said in our opinion in cause No. 18096, Haile v. State, this day handed down, in discussing appellant's motion in that case to quash the indictment.
(See Haile v. State under date June 24, 1936).
The judgment of the trial court is affirmed.
Affirmed.
MORROW, P. J., absent.