Sherman v. State

DICE, Judge.

The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $50.

There appears in the transcript what purports to be a copy of the statement of facts on file in the cause.

Art. 760 (2) Vernon’s Ann. C.C.P., provides that the statement of facts shall not be copied in the transcript but shall be filed in duplicate with the clerk and the original sent up as a part of the cause on appeal.

The instrument being copied in the transcript and not being the original statement of facts bearing the approval of the trial judge or that of counsel for the state and…