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Tanksely v. the State

Court of Criminal Appeals of Texas
Apr 12, 1905
86 S.W. 753 (Tex. Crim. App. 1905)

Opinion

No. 2966.

Decided April 12, 1905.

Murder — Practice on Appeal — Capital Case.

Where the record contains neither a statement of facts, bill of exceptions, nor assignment of errors, the question of the sufficiency of the evidence cannot be reviewed even in a capital case.

Appeal from the District Court of Williamson. Tried below before Hon. V.L. Brooks.

Appeal from a conviction of murder in the first degree; penalty, death.

No statement necessary.

No brief for appellant.

Howard Martin, Assistant Attorney-General, for the State.


The record is before us without a statement of facts or bill of exceptions. There are no assignment of errors in the record. The only contention in the court below was the want of sufficient evidence to sustain the conviction. Without a statement of facts this matter cannot be reviewed. The extreme penalty of the law was imposed upon appellant for murder in the first degree. As the record is presented the judgment must be affirmed.

Affirmed.


Summaries of

Tanksely v. the State

Court of Criminal Appeals of Texas
Apr 12, 1905
86 S.W. 753 (Tex. Crim. App. 1905)
Case details for

Tanksely v. the State

Case Details

Full title:PRESLEY TANKSELY v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Apr 12, 1905

Citations

86 S.W. 753 (Tex. Crim. App. 1905)
86 S.W. 753