Christoper v. State

HAWKINS, Judge.

Conviction is for burglary, punishment assessed being five years’ confinement in the penitentiary.

The statement of facts found in the record bears no file mark of the clerk of the trial court. Subdivision 2 of art. 760, C. C.P.1925, as amended by Acts 1931, c. 11, § 1, Vernon’s Ann.P.C. art. 760, subd. 2, requires the same to be filed with the clerk of the trial court, and this court will not consider a statement of facts which fails to show that it was so filed. White v. State, 109 Tex.Cr.R. 479, 5 S.W.2d 510, and cases therein cited. See, also, 4 Tex.Jur. p. 423, for citation…