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166 Tex. Crim. 268

Austin v. State

Court of Criminal Appeals of Texas

Decided April 16, 1958

Court of Criminal Appeals of Texas · decided 1958-04-16

Decided 1958-04-16

BELCHER, Judge.

¶1The conviction is for violation of Article 725b, Sec. 2, Vernon’s A.P.C., which denounces the possession of paraphernalia for using narcotic drugs; the punishment, five years.

¶2Appellant in her brief challenges the sufficiency of the indictment because it did not define the type of instrument she is alleged to have possessed. No motion was made to quash at the trial. An examination of the indictment reveals that it follows the language of the statute. We overrule the contention that the indictment is insufficient because it did not further define what type of instrument was possessed.

¶3Notice of appeal was given and entered of record immediately after the pronouncement of sentence on November 25, 1957. The statement of facts was not filed with the clerk of the trial court within the time provided by Sec. 4 of Art. 759a, Vernon’s A.C.C.P., and cannot be considered.

¶4The facts in the instant case show a lack of diligence on the part of the appellant to obtain a statement of facts.

¶5The record contains no bills of exception.

¶6The indictment, as well as all matters of procedure, appear regular, therefore, nothing is presented for review.

¶7The judgment of the trial court is affirmed.

¶8Opinion approved by the Court.

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