Long v. State

On Motion for Rehearing

WOODLEY, Presiding Judge.

The only instrument before us which purports to be a statement of facts is that copied in the transcript.

Art. 759a, Sec. 1, par. A, Vernon’s Ann., C.C.P., requires that the statement of facts be “sent up with the record.”

This Court is without authority to-consider the instrument copied in the transcript as the original statement of facts. Sherman v. State, 165 Tex.Cr.R. 42, 302 S.W.2d 662; Steinman v. State, 153 Tex.Cr.R. 198, 220 S.W.2d 887. See also cases: listed under Criminal Law 1104(3) in Texas Digest.

The rule appears to be that in the…