Opinion
No. 19921.
Delivered November 9, 1938.
Appeal — Affirmance.
Where, in the absence of statement of facts, matters complained of could not be appraised, the indictment was sufficient to charge the offense, and all procedural matters seemed to be in due order, conviction was affirmed.
Appeal from the District Court of Fannin County. Hon. D. S. Meredith, Jr., Special Judge.
Appeal from conviction for an aggravated assault; penalty, fine of $400. Affirmed.
The opinion states the case.
A. S. Broadfoot, of Bonham, C. C. McKinney, of Cooper, and Grady Sturgeon, of Paris, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for an aggravated assault; punishment is assessed at a fine of $400.00.
The record is before us without a statement of facts. In its absence, the various matters complained of by appellant can not be considered.
The indictment is sufficient to charge the offense and all procedural matters seem to be in due order.
The judgment is accordingly 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.