Opinion
No. 21546.
Delivered April 23, 1941.
Record — Bills of Exception — Statement of Facts.
Where the record was before the Court of Criminal Appeals without bills of exception or a statement of facts, no question was presented for review, and conviction was affirmed.
Appeal from County Court of Erath County. Hon. Wallace Scott, Judge.
Appeal from conviction for possessing whisky for the purpose of sale in dry territory; penalty, fine of $100.00.
Affirmed.
The opinion states the case.
Williamson Nordyke, of Stephenville, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State, on submission.
Conviction is for possessing whisky for the purpose of sale in dry territory; punishment assessed being a fine of $100.00.
No statement of facts is brought forward and no bills of exception appear in the record.
When the case was originally submitted on March 26, 1941, the transcript failed to show that appellant had entered into a recognizance pending appeal, and time was extended to enable that defect to be remedied. A supplemental transcript filed here on April 9, 1941, reflects the fact that appellant had entered into the proper recognizance.
However, in the absence of a statement of facts or bills of exception, no question is presented for review, and the judgment is affirmed.