Gomez v. State

DAVIDSON, Judge.

Cattle theft is the offense; the punishment, two- years in the State penitentiary.

The record is before us without a statement of facts. An affidavit of appellant’s counsel appears, by which an issue is raised as to whether or not the failure to obtain a statement of facts was chargeable to the appellant. In the light of the disposition of the case, it becomes unnecessary to determine this issue.

Bill of Exception No. 3 reads as follows:

“Be it remembered that upon the trial of the above entitled and numbered cause, the court in its written charge delivered to the jury,. failed…