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Holt v. State

Court of Criminal Appeals of Texas
Nov 9, 1938
121 S.W.2d 370 (Tex. Crim. App. 1938)

Opinion

No. 19911.

Delivered November 9, 1938.

1. — Charges (Special) — Statement of Facts.

In absence in the record of a statement of facts, Court of Criminal Appeals could not determine whether failure to give requested instructions had been erroneous.

2. — Judgment Reformed — Verdict.

Where the verdict of the jury, as set out in the transcript, was not correctly set out in the judgment, the judgment was reformed to show corrected verdict.

Appeal from County Court at Law No. 1, Tarrant County. Hon. David McGee, Judge.

Appeal from conviction for violating the Medical Practice Act; penalty, fine of $100 and six months' imprisonment in the county jail.

Judgment reformed, and, as so reformed, affirmed.

The opinion states the case.

C. E. Farmer and Clarke Wills, both of Fort Worth, for appellant.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.


Conviction is for violating the Medical Practice Act, punishment being a fine of $100.00 and six months' imprisonment in the county jail. (Article 741, subd. 2; Article 742, P. C.)

The record is before this Court without statement of facts or bills of exception, save exception reserved to failure to give certain requested charges. In the absence of a statement of facts it can not be known whether the refusal of said instructions was erroneous.

There appears in the record the following verdict of the jury: "We the jury find the defendant guilty as charged in the information and assess his punishment at $100.00 fine and six months in jail." In the judgment as it appears in this transcript the verdict was not set out correctly. The judgment will be reformed to show corrected verdict, and judgment in accordance therewith.

As reformed the judgment is affirmed.


Summaries of

Holt v. State

Court of Criminal Appeals of Texas
Nov 9, 1938
121 S.W.2d 370 (Tex. Crim. App. 1938)
Case details for

Holt v. State

Case Details

Full title:CLARENCE E. HOLT v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Nov 9, 1938

Citations

121 S.W.2d 370 (Tex. Crim. App. 1938)
121 S.W.2d 370