Opinion
No. 21040.
Delivered April 10, 1940.
1. — Appeal — Statement of Facts and Bills of Exception.
Where the record before the Court of Criminal Appeals contained neither a statement of facts nor bills of exception, nothing was presented for review.
2. — Appeal — New Trial.
Where the motion for new trial contained matters alleged to be errors committed upon trial of the cause, Court of Criminal Appeals could not correctly appraise the same, in absence of a statement of facts or bills of exception.
Appeal from Criminal District Court of Dallas County. Hon. Grover, Adams, Judge.
Appeal from conviction for murder with malice; penalty, confinement in penitentiary for thirty years.
Affirmed.
The opinion states the case.
Robert C. Benavides, of Dallas, for appellant. Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for murder with malice; the punishment assessed is confinement in the State penitentiary for a term of thirty years.
The record before this court contains neither a statement of facts nor bills of exception, hence nothing is presented for review. The indictment seems to be regular. The motion for a new trial contains matters alleged to be errors committed upon the trial of this cause, which we are unable to correctly appraise on account of the absence of a statement of facts and bills of exception.
The judgment is affirmed.