Opinion
No. 19217.
Delivered November 17, 1937.
New Trial — Evidence — Appeal.
In absence of evidence heard upon trial of criminal prosecution, appellate court held unable to appraise the matters presented in motion for new trial.
Appeal from the County Court of Grimes County. Hon. Gerald C. Fahey, Judge.
Appeal from conviction for the unlawful possession of whisky for the purpose of sale in a dry area; penalty, confinement in the county jail for thirty days and fine of $100.
Affirmed.
The opinion states the case.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for the unlawful possession of whisky for the purpose of sale in a dry area; penalty assessed at confinement in the county jail for thirty days and a fine of $100.00.
The complaint and information appear regular. The record is before us without bills of exception or statement of facts. In the absence of the evidence heard upon the trial this court is unable to appraise the matters presented in the motion for new trial.
The judgment is affirmed.
Affirmed.