Victory v. State

Court of Criminal Appeals of Texas
Victory v. State, 254 S.W. 478 (Tex. Crim. App. 1923)
95 Tex. Crim. 219; 1923 Tex. Crim. App. LEXIS 560
Hawkins

Victory v. State

Opinion of the Court

HAWKINS, Judge.

— Conviction is for the manufacture of intoxicating liquor, with a penalty of one year in the penitentiary.

No statement of facts appears in the record, and motion is presented by the State to strike out the bills of exception because filed too late. Sixty days after adjournment were allowed to file bills of exception. Adjournment was had on May 27. The sixty days *220 expired on July 26. The bills were not filed until July 28. The State’s motion must be sustained. Art. 845 C. C. P.; Martin v. State, 82 Texas Crim. Rep., 268, 198 S. W. Rep., 149; Jarrott v. State, 84 Texas Crim. Rep., 544; 209 S. W. Rep., 663; Farris v. State, 85 Texas Crim. Rep., 86, 209 S. W. Rep., 665; Darnell v. State, 90 Texas Crim. Rep., 492, 236 S. W. Rep., 480; Gumm v. State, 92 Texas Crim. Rep., 207, 241 S. W. Rep., 1023. For other authorities see notes under Art. 845, C. C. P.; Vernon’s Civil & Criminal Statutes, 1922 Supplement. However, if the bills should be considered they all relate to the question of evidence in some form, and their merit could not be appraised in the absence of a statement of facts.

The judgment is affirmed.

Reference

Full Case Name
Jim Victory v. the State
Cited By
2 cases
Status
Published