Polk v. State

HAWKINS, Presiding Judge.

It was charged by complaint and information that appellant, while under the influence of intoxicating liquor, drove and operated a motor vehicle upon a public road in Gregg County, Texas. Upon a trial before a jury appellant was convicted and fined $50.00 and given 60 days in jail.

The statement of facts is copied in the transcript. Our state’s attorney points out that it may not be considered.

Prior to the Act of the Legislature in 1931, the statute, Art. 760, subdivision 2, read as follows:

“The statement of facts in felony cases shall not be copied in the transcript…