Lucky v. State

WOODLEY, Judge.

Upon original submission the conviction herein, for murder, with punishment of 15 years in the penitentiary, was reversed because the statement of facts did not reveal certain facts from which it could be determined that the oral confession of appellant was properly admitted as a part of the res gestae.

The state’s motion for rehearing directs our attention to the fact that the only statement of facts filed is a “Partial Q and A Statement of Facts” certified and approved as such.

In the absence of a statement of facts purporting to contain all of the evidence adduced at the…