Donley v. State

BELCHER, Commissioner.

The conviction is for perjury; the punishment, ten years in the penitentiary.

The statement of facts accompanying the record was filed in the trial court and bears the approval of the attorneys for the state. Neither the appellant nor his counsel, nor the trial court has approved the statement of facts.

Art. 759a, Vernon’s Ann.C.C.P., provides that a statement of facts must be agreed to by the appellant or his counsel and the attorney representing the state or approved by the trial judge in order to be considered by this court on appeal. Baird v. State, 162 Tex.Cr.R. 589,…