Jones v. State

177 S.W. 493, 77 Tex. Crim. 127, 1915 Tex. Crim. App. LEXIS 21

Opinion

PRENDERGAST, Presiding Judge.

Appellant was convicted of murder and his punishment assessed at twenty-five years confinement in the penitentiary.

There is no statement of facts with the record. What may have been intended as the basis for a statement of facts is found with the record. It is signed by no one,—not even a stenographer, by the attorneys for neither side, nor by the presiding judge. Hence, it can not be considered as a statement'of facts.

There are only two bills of exception in the record'. One is to the . court’s overruling the application for a second, continuance. This can not he reviewed in the absence of a statement of facts. The other bill is to the court’s refusing to sustain his challenge of a certain juror. This, even if we could consider it in the absence of a statement of facts, shows no error in the court’s ruling.

The judgment is, therefore, affirmed.

Affirmed.