Opinion
No. 23986.
Delivered March 31, 1948. Rehearing Denied April 21, 1948.
1. — Statement of Facts — Incorporated in Transcript.
Where the statement of facts is incorporated in the transcript, the Court of Criminal Appeals is prohibited by Art. 760, C. C. P. from considering it.
2. — Statement of Facts — Bills of Exception.
In the absence of a statement of facts which can be considered, the Court of Criminal Appeals cannot appraise bills of exception.
Appeal from County Court of Sabine County. Hon. Chas. Forse, Judge.
Appeal from conviction for aggravated assault; penalty, $50.00 fine and thirty days in jail.
Judgment affirmed.
R. H. Dent, of Hemphill, for appellant.
L. E. King, County Attorney, Sabine County of Hemphill, and Ernest S. Goens, State's Attorney, of Austin, for the State.
Appellant was assessed a penalty of $50.00 fine and thirty days in jail on a charge of aggravated assault.
This is a companion case to Cause No. 23,984, Clegg v. State, this day decided, and presents exactly the same questions there discussed, to which reference is here made.
The judgment of the trial court is affirmed.
ON MOTION FOR REHEARING.
In his motion for a rehearing, appellant asserts that the same errors were committed in this case as in the case of Edward Clegg, No. 23,984, on the docket of this Court. (Page 580 of this volume.)
What we have said in our opinion in disposing of the motion for rehearing in the Clegg case disposes of the motion for a rehearing in this case.
The motion for rehearing is overruled.
Opinion approved by the Court.