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144 S.W. 677

Payne v. State

Court of Criminal Appeals of Texas

Decided February 28, 1912

Court of Criminal Appeals of Texas · decided 1912-02-28

<p>Criminal Law (§ 1144*) — Appeal—Presumptions — Absence or Record.</p> <p>In the absence of a statement of facts, the Court of Criminal Appeals will presume that all of the law applicable to the evidence was charged.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 278(5-2781, 2901, 3016-8037; Dec. Dig. § 1144.*]</p>

Cited by 1 later decisions — most recently September 2006

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1912-02-28

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HARPER, J.

¶1Appellant was indicted, tried, and convicted of the offense of assault to murder, and his punishment assessed at two years’ confinement in the state penitentiary.

¶2There is no statement of facts in the record, the indictment is sufficient, and the court in his charge submits the offense for which he was indicted. In the absence of a statement of facts, we presume the court submitted the law, and all the law, applicable to the testimony introduced.

¶3Judgment affirmed.

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