Hankins v. State, 28527
| Decision Date | 31 October 1956 |
| Docket Number | No. 28527,28527 |
| Citation | 163 Tex.Crim. 553,294 S.W.2d 850 |
| Parties | Henry HANKINS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
[163 TEXCRIM 554] No attorney for appellant of record on appeal.
Henry Wade, Criminal Dist. Atty., Thomas B. Thorpe, Harvey Lindsay and George P. Blackburn, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for statutory rape; the punishment, 99 years in the penitentiary.
The statement of facts appearing in the record is not shown to have been filed with the clerk of the trial court within 90 days after notice of appeal was given.
Art. 759a, Sec. 4, Vernon's Ann.C.C.P., provides that a statement of facts shall be filed within 90 days after notice of appeal has been given. The statement of facts, not having been filed within the 90-day period provided by statute, cannot be considered. Tarwater v. State, 160 Tex.Cr.R. 59, 265 S.W.2d 83, 267 S.W.2d 410; and Scales v. State, Tex.Cr.App., 272 S.W.2d 118.
In the absence of a statement of facts which can be considered, we are not in position to pass upon questions pertaining to the court's charge, admissibility of evidence, and the sufficiency of the evidence. Stephens v. State, Tex.Cr.App., 274 S.W.2d 829; Hughes v. State, Tex.Cr.App., 276 S.W.2d 813; Brown v. State, Tex.Cr.App., 282 S.W.2d 224.
The indictment, as well as all other matters of procedure, appears regular; therefore, nothing is presented for review
The judgment is affirmed.
Opinion approved by the Court.
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Bradley v. State
...of the evidence are not presented for review where the appellate record contains no statement of facts. See, e. g., Hankins v. State, 163 Tex.Cr.R. 553, 294 S.W.2d 850 (1956); Williams v. State, 164 Tex.Cr.R. 138, 297 S.W.2d 169 (1957); Cooper v. State, 365 S.W.2d 793 (Tex.Cr.App.1963); Piz......
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Brant v. State, 08-84-00052-CR
...evidence. Hale v. State, 509 S.W.2d 637 (Tex.Crim.App.1974); Dupree v. State, 309 S.W.2d 243 (Tex.Crim.App.1957); Hankins v. State, 163 Tex.Cr.R. 553, 294 S.W.2d 850 (1956). The present case is identical to the procedural facts in Stockton v. State, 487 S.W.2d 69, 70 (Tex.Crim.App.1972). Th......
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Sellars v. State, 39401
...court's charge. Stockman v. State, 164 Tex.Cr.R. 469, 303 S.W.2d 410; Sullivan v. State, Tex.Cr.App., 377 S.W.2d 952; Hankins v. State, 163 Tex.Cr.R. 553, 294 S.W.2d 850. We overrule appellant's contention that the trial court erred in not requiring the jury to assess the punishment in the ......
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Greer v. State, 29169
...759a, Vernon's Ann.C.C.P.; Jaynes v. State, Tex.Cr.App., 296 S.W.2d 934; Keener v. State, Tex.Cr.App., 300 S.W.2d 85; Hankins v. State, Tex.Cr.App., 294 S.W.2d 850; Anaya v. State, Tex.Cr.App., 292 S.W.2d Appellant's motion for rehearing is overruled. Approved by the Court. ...