Viera v. State

Appellant was convicted in the 34th Judicial District Court of El Paso County for the offense of murder, and the jury assessed his punishment at 12 years in the penitentiary. Honorable Roy D. Jackson, Judge of said Court, Presided at the trial, and the conviction became final on June 26, 1951. The statement of facts, filed in the trial court on July 23, 1951, does not bear the approval of Judge Jackson, who presided at the trial, but is approved by District Judge David E. Mulcahy, while presiding in the 34th District Court. The record does not disclose any reason why Judge Jackson did not approve the statement of facts. Under these facts, we cannot consider the same. See Hudnall v. State, 107 Tex.Crim. 304,296 S.W. 293; Porter v. State, 107 Tex.Crim. R.,294 S.W. 544; Branch's Ann.P.C., Sec. 596, p. 305. *Page 258 In the absence of a statement of facts which can be considered, we are unable to appraise the bills of exception. The judgment is affirmed. Opinion approved by the Court. On Motion for Rehearing