Battle v. State

Decided November 1, 1911

Court of Criminal Appeals of Texas · decided 1911-11-01

Criminal Law (§ 1097*) — Appeal—Review-Bill oír Exceptions. That a conviction was contrary to the law and the evidence, and that the verdict was not responsive to the evidence, cannot be reviewed, in the absence of a statement of facts. [Ed. Note. — Eor other cases, see Criminal Law, Cent. Dig. §§ 2938-2947; Dec. Dig. § 1097.*]

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1911-11-01

How this case has been cited

Cited by 4 later decisions — most recently February 1974

1 district · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HARPER, J.

¶1In this case appellant was indicted by the grand jury of Ft. Bend County, charged with murder. He was tried, found guilty of murder in the second degree, and his punishment assessed at 10 years’ confinement in the penitentiary.

¶2No statement of facts accompanies the record. The record contains no bills of exception, and the motion for a new trial contains but two grounds: “(1) The verdict of the jury was contrary to the law and the evidence. (2) The verdict was not responsive to the evidence” — neither of which can bd reviewed, in the absence of a statement of facts.

¶3The judgment is affirmed.