Hughes v. State

276 S.W.2d 813, 161 Tex. Crim. 300, 1955 Tex. Crim. App. LEXIS 1395

Opinions

DICE, Judge.

Appellant was convicted of unlawfully driving a motor vehicle upon a public highway while intoxicated, and his punishment was assessed at three days in jail and a fine of fifty dollars.

The statement of facts appearing in the record is not shown to have been filed with the clerk of the trial court as required by Article 759a, section 4, Vernon’s Ann. C.C.P., and therefore cannot be considered as a part of the record on appeal. Williams v. State, 264 S.W. 2d 112.

In the absence of a statement of facts, this court cannot pass upon the appellant’s contention that the evidence is insuffióient to support the conviction, Shaddix v. State, 90 Texas Cr. R. 431, 235 S.W. 602; Lewis v. State, 243 S.W. 2d 706; and likewise, cannot appraise the exceptions to the court’s charge, the refusal of a requested charge or the bills of exception complaining of the introduction in evidence of certain testimony. Smith v. State, 144 Texas Cr. R. 172, 161 S.W. 2d 795; Whistler v. State, 244 S.W. 2d 818, and Conde v. State, 252 S.W. 2d 195.

The complaint and information, as well as all other matters of procedure, appear regular; therefore, nothing is presented for review.

The judgment of the trial court is affirmed.

Opinion approved by the Court.