Opinion
No. 23099.
Delivered April 11, 1945.
Statement of Facts — New Trial.
In absence of a statement of the facts adduced on trial of the case, Court of Criminal Appeals could not appraise the questions presented by motion for new trial and conviction would be affirmed.
Appeal from District Court of Johnson County. Hon. Penn J. Jackson, Judge.
Appeal from conviction for simple assault; penalty, fine of $25.00.
Affirmed.
The opinion states the case.
J. K. Russell, of Cleburne, and Henry Tirey, of Dallas, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Upon an indictment charging the offense of assault with intent to maim, the appellant was convicted of simple assault and her punishment assessed at a fine of twenty-five dollars.
No statement of facts or bills of exception accompany the record as to the trial of the case upon its merits. There does accompany this record a statement of facts adduced upon the hearing of the motion for a new trial.
In the absence of the facts adduced upon the trial of the case, we are in no position to appraise the questions presented by the motion for a new trial.
The judgment of the trial court is 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.