Booth v. State

Court of Criminal Appeals of Texas

Booth v. State

180 S.W. 234, 78 Tex. Crim. 129, 1915 Tex. Crim. App. LEXIS 210

Court of Criminal Appeals of Texas·Decided November 17, 1915·No. No. 3835.·Published

Opinion

DAVIDSON, Judge.

Appellant was convicted of murder, his punishment being assessed at five years confinement in the penitentiary.

The record is before us without a bill of exceptions or statement of facts. There are quite a number of affidavits attached to the motion for a new trial setting up newly discovered testimony. In the absence of the statement of facts it will be impossible to form any estimate of the value that might be attached to the affidavits. In fact an intelligent revision of the contents of the affidavits would be impossible without the evidence adduced on the trial.

The judgment is affirmed.

Affirmed.

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DAVIDSON, Judge.

Appellant was convicted of murder, his punishment being assessed at five years confinement in the penitentiary.

The record is before us without a bill of exceptions or statement of facts. There are quite a number of affidavits attached to the motion for a new trial setting up newly discovered testimony. In the absence of the statement of facts it will be impossible to form any estimate of the value that might be attached to the affidavits. In fact an intelligent revision of the contents of the affidavits would be impossible without the evidence adduced on the trial.

The judgment is affirmed.

Affirmed.

Booth v. State, 180 S.W. 234, 78 Tex. Crim. 129, 1915 Tex. Crim. App. LEXIS 210 (Tex. 1915).

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