Bruce v. State

113 S.W.2d 538, 133 Tex. Crim. 593, 1938 Tex. Crim. App. LEXIS 132

Opinion

GRAVES, Judge. —

Conviction for the theft of an automobile ; punishment, three years in the penitentiary.

The record is before us without bills of exception or state- ’ ment of facts. There appears in the transcript an affidavit filed in the trial court setting up the inability of appellant to pay for a statement of facts or to give security therefor. There is nothing to show that said affidavit was called to the attention of the trial judge. It follows that a reversal of the judgment on the ground that appellant has been deprived of a statement of facts would not be warranted. Fuller v. State, 264 S. W. Rep., 953; Beddingfield v. State, 93 S. W. (2d) 738; Kelley v. State, 91 S. W. (2d) 343; Moore v. State, 104 S. W. (2d) 862.

The judgment is affirmed.

Affirmed.