Simmons v. State
This text of 261 S.W. 1032 (Simmons 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.
Opinion
Conviction is for the manufacture of intoxicating liquor, with punishment of two years in the penitentiary.
The State’s attorney has filed a motion to strike out the statement of facts for the reason that it consists largely of questions and answers, and objections of counsel to question, and of colloquies between counsel and the court relative to such objections and the rulings of the court thereon. An inspection of the statement of facts sustains the grounds of the State’s motion. We regret the condition of the record, but we must insist that the law be complied, with in preparing it in order that the already heavy burden on this court be not added to. All that has been said in Fenton v. State, 93 Texas Crim. Rep., 366, 248 S. W., 363; Jenkins v. State, 93 Texas Crim. Rep., 375, 247 S. W., 861; James v. State, (No. 7639, not yet reported) is equally applicable to the statement of facts in the present case, and the State’s motion must be sustained.
The only bills of exception relate to criticism of the charge given and the failure to give one requested charge. These matters cannot he appraised in the absence of the statement of facts.
An affirmance of the judgment is directed.
Affirmed.
[Rehearing denied May 7, 1924. Reporter.]
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
261 S.W. 1032, 97 Tex. Crim. 385, 1924 Tex. Crim. App. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-texcrimapp-1924.