Opinion
No. 18921.
Delivered April 7, 1937. Appeal Reinstated April 28, 1937.
1. — Appeal — Jurisdiction.
Court of Criminal Appeals was without jurisdiction to entertain appeal, where no judgment of conviction was brought forward.
ON THE MERITS.2. — Robbery — Statement of Facts.
Conviction for theft would not be reversed on the ground that defendant had been deprived of a statement of facts, where affidavit filed in trial court setting up inability of defendant to pay for statement of facts, and requesting that court order one prepared for him, was not shown to have been called to trial court's attention.
Appeal from the District Court of Hill County. Tried below before the Hon. Walter L. Wray, Judge.
Appeal from conviction for theft; penalty, confinement in penitentiary for five years.
Judgment affirmed.
The opinion states the case.
Martin Allred, of Hillsboro, and E. T. Adams, of Glen Rose, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is theft; the punishment, confinement in the penitentiary for five years.
No judgment of conviction is brought forward. Hence this court is without jurisdiction to entertain the appeal.
The appeal is dismissed.
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.
ON THE MERITS.
A proper judgment has been brought forward in a supplemental transcript. Hence the appeal is reinstated.
The record is before us without bills of exception or statement of facts. There appears in the supplemental transcript an affidavit filed in the trial court setting up the inability of appellant to pay for a statement of facts, and requesting that the court order one prepared for him. There is nothing to show that said affidavit was called to the attention of the trial judge. It follows that a reversal of the judgment on the ground that appellant has been deprived of a statement of facts would not be warranted. Fuller v. State, 264 S.W. 953; Beddingfield v. State, 93 S.W.2d 738.
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.