Opinion
No. 16043.
Delivered October 25, 1933. Rehearing Denied, Without Written Opinion, December 20, 1933.
1. — Statement of Facts.
Where statement of facts does not appear to have been filed in trial court it cannot be considered.
2. — Bills of Exception — Statement of Facts.
Bill of exception appearing in the record, held cannot be appraised in absence of statement of facts.
Appeal from the District Court of Gonzales County. Tried below before the Hon. Lester Holt, Judge.
Appeal from conviction for murder; penalty, confinement in the penitentiary for four years.
Affirmed.
The opinion states the case.
Duncan Davis, of Gonzales, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is murder; the punishment, confinement in the penitentiary for four years.
The statement of facts does not appear to have been filed in the trial court. Hence it cannot be considered. The single bill of exception appearing in the record cannot be appraised in the absence of a statement of facts.
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.