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Koester v. State

Court of Criminal Appeals of Texas
May 9, 1934
71 S.W.2d 272 (Tex. Crim. App. 1934)

Opinion

No. 16674.

Delivered May 9, 1934.

Statement of Facts — Question and Answer Form.

Statement of facts in question and answer form cannot be considered when the statute demands that it be in narrative form.

Appeal from the County Court of Potter County. Tried below before the Hon. J. M. Simpson, Judge.

Appeal from conviction for being a delinquent child; penalty, confinement in the boys' training school for two years.

Affirmed.

The opinion states the case.

Nix Ogden, of Amarillo, for appellant.

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


Conviction is for being a delinquent child; punishment, confinement in the boys' training school for two years.

The points relied upon for reversal are of a nature requiring an examination of the statement of facts. The statement of facts brought before this court is in question and answer form. The statute demands that it be in narrative form. Article 760, C. C. P., Mitchell v. State, 54 S.W.2d 107. The motion of the State's attorney before this court that the statement of facts be not considered must be sustained.

The judgment is affirmed.

Affirmed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.


Summaries of

Koester v. State

Court of Criminal Appeals of Texas
May 9, 1934
71 S.W.2d 272 (Tex. Crim. App. 1934)
Case details for

Koester v. State

Case Details

Full title:JACK KOESTER v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: May 9, 1934

Citations

71 S.W.2d 272 (Tex. Crim. App. 1934)
71 S.W.2d 272

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