Opinion
No. 16191.
Delivered January 3, 1934.
Bill of Exception — Statement of Facts.
Bill of exception, based upon the fact that the argument complained of is "without support in the evidence," cannot be appraised without a statement of facts.
Appeal from the District Court of Upshur County. Tried below before the Hon. Walter G. Russell, Judge.
Appeal from conviction for selling intoxicating liquor; penalty, confinement in the penitentiary for one year.
Affirmed.
The opinion states the case.
Leo Hart, of Gilmer, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for selling intoxicating liquor; punishment, one year in the penitentiary.
The record is here without any statement of facts. Appellant's bill of exceptions No. 1 is based upon the fact that the argument complained of is "without support in the evidence," etc. Manifestly, we can not appraise such a bill of exceptions without a statement of facts. Bills of exception 2 and 3 were refused by the court.
No error appearing, the judgment will be affirmed.
Affirmed.