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Harris v. the State

Court of Criminal Appeals of Texas
May 2, 1917
194 S.W. 1108 (Tex. Crim. App. 1917)

Opinion

No. 4457.

Decided May 2, 1917.

Swindling — Statement of Facts — Bills of Exception.

In the absence of a statement of facts or bill of exceptions, the overruling of a motion for a continuance can not be reviewed.

Appeal from the County Court at Law No. 2 of Harris. Tried below before the Hon. Murray B. Jones.

Appeal from a conviction of swindling; penalty, a fine of twenty-five dollars.

The opinion states the case.

No brief on file for appellant.

E.B. Hendricks, Assistant Attorney General, John H. Crooker, and E.T. Branch, for the State.


Appellant was convicted of swindling and his punishment assessed at thirty days in jail in addition to a fine of $25.

The record is before us without a statement of facts or bill of exceptions. There is nothing in the motion for a new trial that can be considered in the absence of evidence. There is a motion for a continuance in the record, but a bill of exceptions was not reserved to the court's refusal to grant it. Therefore, it can not be considered.

The judgment is affirmed.

Affirmed.


Summaries of

Harris v. the State

Court of Criminal Appeals of Texas
May 2, 1917
194 S.W. 1108 (Tex. Crim. App. 1917)
Case details for

Harris v. the State

Case Details

Full title:J.P. HARRIS v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: May 2, 1917

Citations

194 S.W. 1108 (Tex. Crim. App. 1917)
81 Tex. Crim. 225