Hutchins v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Falls. Tried below before Hon. S. B. Scott. This appeal is from a conviction for assault with intent to murder one A. C. Allen, the punishment having been assessed at three years’ imprisonment in the penitentiary. The statement of facts was not approved by the trial judge, nor is-the proposed statement incorporated in the record. The facts pertaining to the failure to get a statement of facts are sufficiently shown in_ the opinion below.
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Appeal from tbe District Court of Falls. Tried below before Hon. S. B. Scott. This appeal is from a conviction for assault with intent to murder one A. C. Allen, the punishment having been assessed at three years’ imprisonment in the penitentiary. The statement of facts was not approved by the trial judge, nor is-the proposed statement incorporated in the record. The facts pertaining to the failure to get a statement of facts are sufficiently shown in_ the opinion below. No briefs in the record.
1Opinion of the Court
DAVIDSON, Judge.
Conviction in this case was for assault with-intent to murder. A statement of the facts was not presented to the-trial judge by counsel. A presentation of such statement to the prosecuting attorney within the ten days allowed for filing same with his-approval is not legal diligence. The trial judge, county attorney, and counsel for appellant seem to have all resided in the same town, and yet the statement of facts was not presented to the court for his-approval at any time. It seems the diligence used consisted in writing out the said statement and handing it to the State’s…
2Cases cited7 opinions
- Connors v. . the PeopleNew York Court of Appeals · 1872
- People v. . CaseyNew York Court of Appeals · 1878
- Brandon v. . the PeopleNew York Court of Appeals · 1870
- Carroll v. StateCourt of Criminal Appeals of Texas · 1893
- Aistrop v. StateCourt of Criminal Appeals of Texas · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Serrato v. StateCourt of Criminal Appeals of Texas · 1914
- Alexander v. StateCourt of Criminal Appeals of Texas · 1899
- Holder v. StateCourt of Criminal Appeals of Texas · 1940
- Long v. StateCourt of Criminal Appeals of Texas · 1931
- Roberts v. StateCourt of Criminal Appeals of Texas · 1911
7 more not listed; retrieve them via the Exa API.