Ray v. State

Decided May 25, 1921

Court of Criminal Appeals of Texas · decided 1921-05-25

<p>Rape—Transcript—Practice on Appeal.</p> <p>Where the transcript is not certified by the clerk, the bills of exception are not approved by the judge and the statement of facts is neither signed by the attorneys nor the judge, the appeal must be dismissed.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1921-05-25

How this case has been cited

Cited by 7 later decisions — most recently March 1984

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HAWKINS, Judge

¶1 Appellant was convicted for the offense of rape, and his punishment assessed at death.

¶2 The record reaches this court in a most peculiar condition. The transcript is not certified to by the clerk; the only two bills of excep-. tion shown in the record are not approved by the judge, and the statement of facts is neither signed by the attorneys nor the judge.

¶3 While-it is unsatisfactory to the court to dispose of a case of this magnitude without an opportunity of passing upon the merits of the case, yet, there is nothing to be done in this case except order a dismissal of the appeal for a failure to comply with the law, and it is so ordered. Art. 929, C. C. P. 1911; Art. 2114, R. S. 1911.

¶4 Dismissed.