St. Clair v. State

PRENDERGAST, Presiding Judge.

From a conviction for an aggravated assault with.the punishment fixed at a fine of $500 and twelve months in the county jail, appellant has appealed.

There is no statement of facts. The clerk has copied in the record what he has indexed as a statement of facts, hut he states that it was neither signed nor filed in the court below. He, therefore, should not have copied it in the transcript.

Since this cause was submitted the appellant’s attorney has filed an affidavit in which he shows that the case was tried on February 3, 1913, and the verdict and judgment then…