71 Tex. Crim. 391
159 S.W 848
Court of Criminal Appeals of Texas
Decided June 18, 1913
Court of Criminal Appeals of Texas · decided 1913-06-18
<p>1.—Aggravated Assault—Statement of Facts—Bills of Exceptions—Practice on Appeal.</p> <p>Where, upon appeal from a conviction of aggravated assault, the statement of facts and hills of exception were filed too late in the trial court, the same could not he considered on appeal.</p> <p>2.—Same—Motion for Rehearing.</p> <p>Where, upon motion for rehearing, it was not shown that the statement of facts and bills of exception were not filed within time, through no fault of appellant or his counsel, and it appeared from the record that they were not filed at all, in time, there was no ground for reversal, and the same could not he considered on appeal.</p>
Decided 1913-06-18
¶1 Appellant was convicted of an aggravated assault, his punishment being assessed at a fine of $25.
¶2 The County Court adjourned on the 21st of December, 1912. The statement of facts and hills of exception were filed on the 8th of the following May. This was too late. These matters can not be considered. With the evidence and bills of exception eliminated there is no reviewable question.
¶3 The judgment is affirmed.
¶4 Affirmed.