Hickman v. State

Decided December 20, 1911

Court of Criminal Appeals of Texas · decided 1911-12-20

Ceiminal Law (§ 1097*) — Appeal—Record— Statement of Facts — Bill of Exceptions. Objection that a conviction is contrary to the law, and unsupported by the evidence, cannot be reviewed, in the absence of a. statement of facts. [Ed. Note. — For other cases, see Criminal Law, Dec. Dig. § 1097.*]

Cited by 2 later decisions — most recently March 1977

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1911-12-20

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PRENDERGAST, J.

¶1The appellant was convicted for carrying a pistol, and his punishment assessed at 40 days in the county jail.

¶2There is no statement of facts, nor bill of exceptions in the record.

¶3The only complaint is that the verdict of the jury is contrary to the law and the evidence, and not supported by the evidence. Of course, this cannot be considered in the absence of a statement of facts.

¶4The charge is in regular form. The charge of the court submits the case on a theory that clearly could have been proven under the charge.

¶5The judgment will be affirmed.