Opinion

Horace Kitchens v. State

  • 83 Tex. Crim. 324
  • 203 S.W. 768
  • 1918 Tex. Crim. App. LEXIS 173
Court
Court of Criminal Appeals of Texas
Filed
May 1, 1918
Status
Published
Author
Prendergast
On the bench
Prendergast
Cited by
2 cases
Authority
More cited than 74.0%

The opinion

PRENDERGAST, Judge.

Appellant was convicted of robbery and assessed the lowest punishment.

The statement of facts is wholly m question and answer form. The State has made a motion to strike it out and not consider it. Under the statutes and the many and uniform decisions of this court the State’s motion must be granted. A great number of cases down to the present time could be cited but we deem it unnecessary. We here cite some of them: Hargrave v. State, 53 Texas Crim. Rep., 147 ; Essary v. State, 53 Texas Crim. Rep., 596 ; Baird v. State, 51 Texas Crim. Rep., 322 ;

*325

Brown v. State, 57 Texas Crim. Rep., 269 ; King v. State, 57 Texas Crim. Rep., 363 ; Kempner v. State, 57 Texas Crim. Rep., 355 ; Felder v. State, 59 Texas Crim. Rep., 144 ; Choate v. State, 59 Texas Crim Rep., 266; Hart v. State, 67 Texas Crim. Rep., 417 ; Criner v. State, 71 Texas Crim. Rep., 369 ; Stephens v. State, 77 Texas Crim. Rep., 30 .

Appellant made a motion for a continuance and he has some very defective and incomplete bills to the admission of certain testimony. Hone of these matters can be considered in the absence of a statement of facts as has all the time been held by this court in a great number of decisions.

Hence, the judgment must be affirmed.

Affirmed.

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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