Hanna v. State

259 S.W.2d 570, 159 Tex. Crim. 2, 1953 Tex. Crim. App. LEXIS 1752

Opinions

DAVIDSON, Judge.

This is a drunk driving conviction, with punishment assessed at a fine of $150.

The statement of facts in this case was prepared and filed by the trial judge under a certificate by him that the parties had failed to agree upon a statement of facts. Such procedure was authorized by Art. 759a, Sec. E., Vernon’s C. C. P.

Witnesses testified that appellant was drunk and in an intoxicated condition when he was seen and apprehended driving an automobile upon a public highway. Such testimony warranted the jury’s conclusion of guilt.

A bill of exception appears complaining of the overruling of the motion to quash the jury panel. The motion is set forth in the bill of exception, and contains various allegations of fact. Nowhere therein are those facts shown or certified as existing or as true. Nor does the record otherwise reflect that evidence was introduced touching the allegations of the motion.

The matter sought to be presented, then, for our review constitutes only a pleading. The allegations of the motion do not prove or establish the truth thereof. The truth of the matters complained of much be, in some manner, verified. 4 Tex. Jur., Sec. 250, p. 369.

It is apparent, therefore, that the bill of exception presents nothing for the review of this court.

The judgment is affirmed.

Opinion approved by the court.