Opinion
No. 22764.
Delivered February 16, 1944.
Murder.
Where the indictment charged the offense of murder, the record was before appellate court without a statement of facts or bills of exception, save an exception reserved to the trial court's action in overruling appellant's motion for new trial, and nothing appeared from the record which indicated that such action was error, conviction for murder was affirmed.
Appeal from District Court of Dickens County. Hon. Alton B. Chapman, Judge.
Appeal from conviction for murder; penalty, confinement in the penitentiary for five years.
Affirmed.
The opinion states the case.
H. A. C. Brummett and E. H. Boedeker, both of Dickens, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Conviction is for murder, punishment assessed being five years in the penitentiary.
The indictment charges the offense. The record is before the court without statement of facts or bills of exception, save an exception reserved to the court's action in overruling appellant's motion for new trial. Nothing appears from the record which indicates that this was error.
The judgment is affirmed.