Mobley v. State

Court of Criminal Appeals of Texas

Mobley v. State

365 S.W.2d 173, 1963 Tex. Crim. App. LEXIS 1125

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 6, 1963

Docket35314

StatusPublished

Cited by6 cases

This text of 365 S.W.2d 173 (Mobley v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mobley v. State, 365 S.W.2d 173, 1963 Tex. Crim. App. LEXIS 1125 (Tex. 1963).

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Opinion

DICE, Commissioner.

The offense is false imprisonment; the punishment, thirty days in jail.

The statement of facts found in the record bears the approval of counsel for the state and for the appellant, but is not approved by the trial judge. The statement *174 of facts cannot be considered, because it was not ¡filed within ninety days after the date notice of appeal was given, as required by Sec. 4 of Art. 759a, Vernon’s Ann.C.C. P. Jackson v. State, Tex.Cr.App., 344 S.W.2d 876.

In the absence of a statement of facts which may be considered, we cannot pass upon the question of the sufficiency of the evidence nor upon appellant’s complaint to the court’s charge.

Appellant’s complaint to the court’s action in overruling his motion to quash the complaint and information is not before us for review, in the absence of an exception to the court’s ruling. We have, however, examined the complaint and information and find that they follow the language of the statute, Art. 1169, Vernon’s Ann.P.C., in charging the offense, and are sufficient.

There are no formal bills of exception, and the proceedings appear to be regular.

The judgment is affirmed.

Opinion approved by the Court.

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