Opinion

Brown v. State

  • 136 Tex. Crim. 521
  • 126 S.W.2d 992
  • 1939 Tex. Crim. App. LEXIS 217
Court
Court of Criminal Appeals of Texas
Filed
Feb 22, 1939
Status
Published
Author
Hawkins
On the bench
Hawkins, Graves
Cited by
1 cases
Authority
More cited than 1.5%

The opinion

ON MOTION FOR REHEARING.

Hawkins, Judge.

In his motion for rehearing appellant only urges that the argument of the district attorney calls for a reversal.

.It is the general rule that in the absence of a statement of facts complaint of argument can not be appraised and presents no ground for reversal. Karels v. State, 91 Tex. Cr. R. 262 , 243 S. W. 985 ; Barnes v. State, 102 Tex. Cr. R. 20 , 277 S. W. 128 ; Olivares v. State, 121 Tex. Cr. R. 261 , 53 S. W. (2d) 305 ; Phillips v. State, 125 Tex. Cr. R. 578 , 69 S. W. (2d) 415 ; Harris v. State, 91 Tex. Cr. R. 494 , 239 S. W. 971 .

Appellant brings forward, presumably in aid of his bill complaining of argument, what purports to be the evidence heard on motion for new trial. It does not appear to have been agreed to by the attorneys or approved by the trial judge. The certificate of the court reporter does not take the place of an authentication of the trial judge, which is indispensable.

The motion for rehearing is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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