# Rice v. State

> Court of Criminal Appeals of Texas · June 15, 1938 · 135 Tex. Crim. 626

URL: https://www.frixlaw.com/law-library/cases/3926005

## Case

- **Full name:** Wiley Rice v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 15, 1938
- **Citations:** 135 Tex. Crim. 626; 122 S.W.2d 194; 1938 Tex. Crim. App. LEXIS 839
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Morrow
- **Judges:** Hawkins, Morrow
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3926005

## Opinion text

Morrow, Presiding Judge.
Assault with intent to murder is the offense; penalty assessed at confinement in the penitentiary for ten years.
The indictment appears regular and properly presented. The record is before us without bills of exception or statement of facts. However, in a supplemental transcript we find the affidavit of the official court reporter and the certificate of the trial judge to the effect that the statement of facts was prepared by the court reporter in response to the pauper’s oath filed by the appellant and delivered to counsel for appellant within the ninety-day period, but that the statement of facts was never presented to the district attorney nor to the trial judge for approval. Under the circumstances, we do not think the appellant used the diligence required by law to obtain the statement of facts within the statutory time. See 4 Tex. Jur., p. 418, Section 286, and cases collated.
No matter having been presented by the record before us which would authorize a reversal of the conviction, the judgment of the trial court is affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3926005. Public record. Not legal advice.