Opinion
No. 19160.
Delivered December 15, 1937.
1. — Statement of Facts — Question and Answer Form.
A statement of facts in question and answer form could not be considered.
2. — Bills of Exception — Statement of Facts.
In absence of a statement of facts, which could be considered, the bills of exception could not be appraised.
Appeal from the County Court of Grimes County. Hon. Gerald C. Fahey, Judge.
Appeal from conviction for possessing intoxicating liquor for the purpose of sale in a dry territory; penalty, fine of $100.
Affirmed.
The opinion states the case.
M. E. Gates, of Huntsville, and Bracewell Spiner of Houston, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for possessing intoxicating liquor for the purpose of sale in dry territory, punishment being assessed at a fine of one hundred dollars.
The complaint and information were attacked from many angles as being insufficient to charge an offense. We deem it unnecessary to write upon the subject at length. So far as we observe the pleadings are sufficient and follow the precedents laid down in former opinions.
The statement of facts is in question and answer form and therefore may not be considered. See Art. 760, C. C. P., as amended Acts, 1931, 42nd Leg., 1st C. S., page 75, Chapter 34, Sec. 7. Many cases may be found on the subject. See Koester v. State, 126 Tex.Crim. Rep., 71 S.W.2d 272; Chinske v. State, 126 Tex.Crim. Rep., 71 S.W.2d 874; Worbes v. State, 126 Tex.Crim. Rep., 71 S.W.2d 872.
In the absence of a statement of facts which may be considered the bills of exception cannot be appraised.
The judgment is affirmed.
Affirmed.