King v. State

• Decision Date: 18 May 1910
• Citation: 129 S.W. 626
• Parties: KING v. STATE.
• Court: Texas Court of Criminal Appeals

Page 626

129 S.W. 626

KING v. STATE.

Court of Criminal Appeals of Texas.

May 18, 1910.

On Motion for Rehearing, June 8, 1910.

Appeal from Hill County Court; Horton B. Porter, Judge.

Pick King was convicted of a violation of the local option law, and he appeals. Reversed and remanded.

Collins & Cummings, for appellant. John A. Mobley, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

This conviction was for violation of the local option law.

The bills of exceptions and statement of facts are not approved by the trial judge, and therefore cannot be considered. There are no questions that can be considered or revised without the statement of facts and bills of exceptions.

As the record is presented, the judgment will be affirmed.

On Motion for Rehearing.

During the present term of the court the judgment herein was affirmed without reference to the statement of facts and bills of exceptions. Motion to reinstate the case is filed.

The county judge who tried the case makes a statement, which is sworn to, to the effect that 20 days was allowed after adjournment of court to file bills of exceptions and statement of facts, and that Mr. Cummings, one of counsel for appellant, presented him the bills of exceptions and statement of facts, approved by the county attorney. He further certifies that Mr. Cummings called upon him to know if he had examined and approved these papers; that he informed Mr. Cummings that on account of other pressing engagements he had not finished their examination, but would do so and file them with the clerk. It is also stated that this was the last call that Mr. Cummings made upon him, and was the last day on which these papers could be filed. He further certifies that he did that afternoon, it being the last day upon which these papers could be filed, examine them and determine to approve them, and did file them with the clerk, but says he neglected to affix his signature evidencing his approval, and that his failure to sign the papers and approve them was an oversight. Mr. Cummings filed an affidavit also in support of his motion to the effect that during the time allowed by law he prepared the bills of exceptions and statement of facts which appear in the transcript, and presented them to counsel for the state, who agreed to them, and that he in person delivered them to the county judge several days before April 30th, or the last day on which they could be filed, stating to him at the time that the county attorney had...