Conger v. State

PRENDERGAST, Judge.

In April, 1910, the grand jury of Wood County indicted the appellant fox an assault with intent to commit rape upon Maoma Dickey by force, alleged to have occurred on January 30, 1910. He was tried at the April term, 1910, of the said court, found guilty and his punishment assessed at three years in the penitentiary.

The State has made a motion for this court to strike out and not consider, the statement of facts in the record because it has been copied in the record and the original not sent up as a separate paper, claiming that under the stenographers’ Act of 1909, p. 374,…