Holtzinger v. State

WOODLEY, Judge.

The offense is robbery by assault; the punishment, 25 years in the penitentiary.

The record contains no statement of facts other than what appears to be a transcript of the testimony of Tom Thorpe, an assistant district attorney, who participated in the prosecution, which does not appear to have been agreed to by the attorneys or approved by the court.

There are three bills of exception, each of which is qualified by the trial judge who declined to certify “to the existence of any facts which are not established by the record in this case.” Appellant did not except to these…