Opinion
No. 23015.
Delivered December 20, 1944.
1. — Bills of Exception — Statement of Facts.
Where no bills of exception or statement of facts were in the record, the newly discovered evidence set up in defendant's motion for a new trial could not be appraised.
2. — Same.
Where there were no bills of exception or statement of facts in the record, the judgment was affirmed.
Appeal from County Court of Smith County. Hon. R. P. Power, Judge.
Appeal from conviction for unlawfully carrying a pistol; penalty, confinement in the county jail for six months. Affirmed.
The opinion states the case.
John Glass, of Tyler, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Upon appellant's plea of guilty to a charge of unlawfully carrying a pistol his punishment was by the court assessed at six months' confinement in the county jail.
No statement of facts or bills of exception are in the record. In his motion for new trial appellant set up newly discovered evidence, which, of course, cannot be appraised in the state of the record.
The judgment is affirmed.