Opinion
No. 22174.
Delivered June 10, 1942. Rehearing Denied (Without Written Opinion) October 14, 1942.
Charge — Statement of Facts.
In absence of a statement of facts in the record, Court of Criminal Appeals could not appraise the exceptions to the trial court's charge, and judgment of conviction affirmed.
Appeal from District Court of Cass County. Hon. R. H. Harvey, Judge.
Appeal from conviction for murder; penalty, confinement in the penitentiary for seven years.
Judgment affirmed.
The opinion states the case.
C. E. Florence, of Gilmer, and B. F. Whitworth, of Linden, for appellant.
Spurgeon E. Bell, State's Attorney, of Austin, for the State.
The offense is murder. The punishment assessed is confinement in the State penitentiary for a term of seven years.
The record is before us without any statement of facts or bills of exception. However, there are quite a number of exceptions to the court's charge but in the absence of a statement of facts, we cannot appraise the same. The indictment appears to be in due form. Hence, nothing is presented for review.
The judgment of the trial court 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.