Brown v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for obtaining public welfare by fraud. Article 695c, Sec. 34, Vernon’s Ann.Tex.Civ.St. The punishment was assessed at one (1) year in the county j ail.

The appellant in her sole ground of error complains the “trial court committed fundamental error in failing to submit the issue of guilt or innocence to the jury which assessed punishment.”

The record in this misdemeanor case is in a state of confusion.

First, no stenographic record of the trial proceedings was made, so, of necessity, we must look to the clerk’s transcript.

The…