Burns v. State

HAWKINS, Judge.

Appeal is from conviction for possessing intoxicating liquor for the purpose of sale, the punishment being one year in the penitentiary.

We find in the record what purports to be a statement of facts. It is signed by the attorneys but is not approved by the trial judge. It cannot be considered. (For authorities see Vernon’s 1925 Ann. C. C. P., Art. 760, note 24.)

A requested special charge was refused and exception reserved. The propriety, or otherwise, of the requested instruction depends on the evidence developed on the trial, and not being authorized to consider the facts…