Hess v. State
Court of Appeals of Texas
Appeal from the District Court of Lavaca. Tried below before Hon. George McCormick. Appellant was indicted, tried, and convicted for the murder of one Joseph Holek, his punishment being assessed at imprisonment for life in the penitentiary.
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Appeal from the District Court of Lavaca. Tried below before Hon. George McCormick. Appellant was indicted, tried, and convicted for the murder of one Joseph Holek, his punishment being assessed at imprisonment for life in the penitentiary. At the first hearing on appeal the judgment of the court below was affirmed in an oral opinion, the court announcing- that the statement of facts could not be considered, because not properly authenticated by a valid certificate by the trial judge. A motion for a rehearing was made, in which the defects in the authentication of the statements of facts were…
1Opinion of the Court
WHITE, Presiding Judge.
At a former day of this term the judgment in this case was affirmed in an oral opinion, in which it was shown that the statement of facts could not be considered, because tiot properly certified as provided by the statute.
Our Code of Criminal Procedure expressly provides, that if a new trial be refused, a statement of facts may be drawn up and certified and placed in the record as in civil suits. Code Crim. Proc., art. 784. In civil suits, “when a defendant appeals, if he desires a statement of facts to go up in the record, it is his duty, or that of his counsel, to…
2Cases cited6 opinions
- Renn v. SamosTexas Supreme Court · 1874
- Darcy v. John Turner & Co.Texas Supreme Court · 1876
- Kelso v. TownsendTexas Supreme Court · 1854
- Barnhart v. ClarkTexas Supreme Court · 1883
- Lacey v. AsheTexas Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bath v. Houston & Texas Central Railway Co.Court of Appeals of Texas · 1904
- Roberts v. StateCourt of Criminal Appeals of Texas · 1911
- Ex parte SimsCourt of Criminal Appeals of Texas · 1977
- Missouri, Kansas & Texas Railway Co. v. HerringCourt of Appeals of Texas · 1910
- Douglas v. StateCourt of Criminal Appeals of Texas · 1911
3 more not listed; retrieve them via the Exa API.