Opinion
No. 19800.
Delivered June 1, 1938.
Statement of Facts — Trial Judge (Approval of).
Where the purported statement of facts accompanying the transcript did not bear the approval of the trial judge, it could not be considered by the Court of Criminal Appeals, and, in the absence of a statement of facts that could be considered, defendant's bills of exception could not be appraised.
Appeal from the County Court of Bailey County. Hon. M. G. Miller, Judge.
Appeal from conviction for possessing whisky which did not show that the tax due the State had been paid; penalty, fine of $150 and confinement in county jail for sixty days.
Affirmed.
The opinion states the case.
Aldridge Aldridge, of Farwell, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Appellant was convicted of having whisky in his possession which did not show that the tax due the State had been paid, and his punishment was assessed at a fine of $150.00 and confinement in the county jail for a period of sixty days.
It is noted that what purports to be a statement of facts accompanying the transcript does not bear the approval of the trial judge. Consequently the same can not be considered by this Court, and in the absence of a statement of facts appellant's bills of exceptions can not be appraised.
The information seems to be sufficient to charge the offense of which the appellant was convicted. All other matters of form appearing regular, the judgment of the trial court is affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.