Landry v. State

Decided June 19, 1912

Court of Criminal Appeals of Texas · decided 1912-06-19

Criminal Law (§ 1101*) — Appeal—Affirmance. Where the only questions attempted to be raised on appeal from a conviction, without a statement of facts or bill of exceptions, are those presented by a motion for a new trial, which could not be considered without a statement of facts, the judgment will be affirmed. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 3204; Dec. Dig. § 1101.*]

Cited by 1 later decisions — most recently December 1972

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1912-06-19

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PRENDERGAST, J.

¶1The appellant was convicted of murder in the first degree, and given a life sentence.

¶2There is neither a statement of the facts nor bill of exceptions. The only questions attempted to be raised are by the motion for new trial. None of them are of such a nature'as that we can consider them in the absence of a statement of facts. This court uniformly, under such circumstances, holds that it must presume that the action of the lower court was in every way valid and legal.

¶3The judgment is affirmed.

DAVIDSON, P. J., not sitting.