Ellis v. State

This appeal is from a conviction for the offense of murder, with fifteen years in the penitentiary assessed as a punishment.

There is no statement of facts with the record. However, there is with the papers an application for a mandamus timely filed asking this court to compel the official court reporter, J.E. McGinnis, who was the stenographic reporter and as such took down the testimony upon the trial to make out a statement of all evidence introduced as required by the statute. In addition to the petition for the mandamus itself the record clearly shows, that appellant in the proper time…