151 S.W. 301
Court of Criminal Appeals of Texas
Decided November 20, 1912
Court of Criminal Appeals of Texas · decided 1912-11-20
<p>Criminal Law (§ 1097*) — Appeal and Error-Statement op Facts.</p> <p>In the absence of a statement of facts in a criminal case, a question, raised by motion for new trial, on whether the verdict and judgment were contrary to the law and evidence, cannot be reviewed.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939, 3941, 2942, 2947; Dec. Dig. § 1097.*]</p>
Affirmed · Decided 1912-11-20
¶1The appellant was convicted of burglary, and given the lowest penalty.
¶2There is no bill of exception and no statement of facts. The only question raised is by a motion for new trial, to the effect that the verdict and judgment is contrary to the law and the evidence. Of course, this cannot be passed upon without a statement of facts.
¶3The judgment is affirmed.