Pena v. State

Decided January 28, 1914

Court of Criminal Appeals of Texas · decided 1914-01-28

<p>Aggravated Assault—Statement of Facts—Misdemeanor.</p> <p>Where the statement of facts in a misdemeanor case was filed more than twenty days after the adjournment of the County Court, the same could not be considered on appeal. Following Butler v. State, 72 Texas Crim. Rep., 81, 160 S. W. Rep., 1191, and other cases.</p>

Decided 1914-01-28

PRENDERGAST, Presiding Judge.

¶1Appellant was convicted for an aggravated assault upon his wife and his punishment assessed at a fine of $25.

¶2There is in the record what purports to be a statement of facts, but it was filed more than twenty days after the adjournment of the court. Upon motion of the Assistant Attorney-General it is struck out and not considered. DeFriend v. State, 69 Texas Crim. Rep., 329, 153 S. W. Rep., 881; Durham v. State, 69 Texas Crim. Rep., 71, 155 S. W. Rep., 222; Butler v. State, 72 Texas Crim. Rep., 81, 160 S. W. Rep., 1191. In the absence of a statement of facts no question is raised which can be considered.

¶3The judgment is affirmed. Affirmed„