Smith v. State

Court of Criminal Appeals of Texas

Smith v. State

218 S.W. 1048, 87 Tex. Crim. 12, 1920 Tex. Crim. App. LEXIS 93

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 25, 1920

DocketNo. 5689.

StatusPublished

This text of 218 S.W. 1048 (Smith 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.

Bluebook

Smith v. State, 218 S.W. 1048, 87 Tex. Crim. 12, 1920 Tex. Crim. App. LEXIS 93 (Tex. 1920).

Pincite

Opinion

DAVIDSON, Presiding Judge.

Appellant was convicted of theft of personal property and awarded five years in the penitentiary.

There were objections to the charge, but they cannot be intelligently revised or understood without the statement of facts, which is not incorporated in nor does it accompany the record. As the record presents the matter these matters cannot be considered. The charges may have been proper and in accord with the facts. We are unable at least to revise these exceptions without the evidence.

The judgment, therefore, will be affirmed.

Affirmed.

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DAVIDSON, Presiding Judge.

Appellant was convicted of theft of personal property and awarded five years in the penitentiary.

There were objections to the charge, but they cannot be intelligently revised or understood without the statement of facts, which is not incorporated in nor does it accompany the record. As the record presents the matter these matters cannot be considered. The charges may have been proper and in accord with the facts. We are unable at least to revise these exceptions without the evidence.

The judgment, therefore, will be affirmed.

Affirmed.

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Bluebook (online)

218 S.W. 1048, 87 Tex. Crim. 12, 1920 Tex. Crim. App. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-texcrimapp-1920.