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80 S.W.2d 1117

Serrata v. State

Court of Criminal Appeals of Texas · decided 1935-03-06

Decided 1935-03-06

MORROW, Presiding Judge.

¶1Robbery is the offense; penalty assessed at confinement in the penitentiary for eight years.

¶2The evidence given upon the trial is not before this court.

¶3The only matter of which complaint is made is the remark of the district attorney in his argument to the jury. Nothing on the face of the argument enables this court, in the absence of the statement of facts, to estimate its effect upon the jury, nor to determine whether in refusing to instruct the jury to disregard the argument error was committed.

¶4In the sentence appellant is condemned to confinement in the penitentiary for a period of not less than five nor more than eight years.

¶5Perceiving no error justifying a reversal, the judgment is affirmed.

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