Legal Opinion

Pena v. State

Court of Criminal Appeals of Texas

Decided January 28, 1914No. 2979Published

Appeal from the County Court of Wharton. Tried below before the Hon. J. B. Bowen. Appeal from a conviction of aggravated assault; penalty, a fine of $25.

1Opinion of the Court

PRENDERGAST, Presiding Judge.

Appellant was convicted for an aggravated assault upon his wife and his punishment assessed at a fine of $25.

There is in the record what purports to be a statement of facts, but it was filed more than twenty days after the adjournment of the court. Upon motion of the Assistant Attorney-General it is struck out and not considered. DeFriend v. State, 69 Texas Crim. Rep., 329, 153 S. W. Rep., 881; Durham v. State, 69 Texas Crim. Rep., 71, 155 S. W. Rep., 222; Butler v. State, 72 Texas Crim. Rep., 81, 160 S. W. Rep., 1191. In the absence of a statement of facts no…

2Cases cited4 opinions

  1. Durham and Harris v. StateCourt of Criminal Appeals of Texas · 1913
  2. De Friend v. StateCourt of Criminal Appeals of Texas · 1913
  3. Butler v. StateCourt of Criminal Appeals of Texas · 1913
  4. Butler v. StateCourt of Criminal Appeals of Texas · 1913

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