Hardee v. State

Decided October 23, 1912

Court of Criminal Appeals of Texas · decided 1912-10-23

1. Criminal Law (§ 1099*) — Appeal and Error — Sufficiency of Record for Review-Statement of Pacts. A purported statement of facts, made out by the stenographer, but not signed or agreed to by any of the attorneys, nor approved in any way by the court, in a criminal prosecution, is insufficient for review. [Ed. Note." — Por other cases, see Criminal Law, Cent. Dig. §§ 2866-2880; Dec. Dig. § 1099.*] 2. Criminal Law (§ 1097*) — Appeal and Error — Sufficiency of Record —Necessity for Statement of Pacts. Where, on an appeal from a conviction, there is not a sufficient statement of facts in the record, and the charge of the court presents the matter in the manner authorized, and in accordance ,with the indictment, no question attempted to be raised thereon can be considered, and an affirmance is warranted. [Ed. Note. — Por other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939, 2941, 2942, 2947; Dec. Dig. § 1097.*]

Affirmed · Decided 1912-10-23

PRENDERGAST, J.

¶1By proper indictment the appellant was charged with rape on a girl under 15 years of age, was tried and convicted, and given the lowest penalty.

¶2[1] There is no statement of facts with the record. The only thing that purports to be appears to have been made out by a stenographer, but not signed or agreed to by any of the attorneys, nor approved in any way by the court. It cannot he considered by us.

¶3[2] The charge of the court clearly presents the matter in the manner authorized, and in accordance with the indictment. No question attempted to be raised by appellant can be considered, in the absence of a statement of facts.

¶4The judgment is therefore affirmed.