Keener v. State

300 S.W.2d 85, 164 Tex. Crim. 439, 1957 Tex. Crim. App. LEXIS 2146

Opinions

DICE, Commissioner.

The offense is murder; the punishment, twelve years in the penitentiary.

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 Sec. 4 of Art. 759a, Vernon’s Ann.C.C.P., which reads: “The. defendant shall file said Statement of Facts, in duplicate, with the clerk of the trial court within ninety (90) days after the date of giving notice of appeal.”

The statement of facts not having been filed with the clerk of the trial court as required by this statute cannot be considered. Williams v. State, Tex.Cr.App., 264 S.W.2d 112.

In the absence of a statement of facts which can be considered, we are not in position to pass upon questions pertaining to the court’s charge and admissibility of the evidence. Hankins v. State, Tex.Cr.App., 294 S.W.2d 850.

The indictment, as well as all other matters of procedure, appears to be regular; therefore, nothing is presented for review.

The judgment is affirmed.

Opinion approved by the Court.