Gutierrez v. State

BERRY, Judge. —

Appellant was convicted in the district court of El Paso County for the offense of assault with intent to murder and his punishment assessed at five years confinement in the penitentiary.

There are but two bills of exceptions in the record. The first complains of the action of the court in overruling appellant’s motion for a new trial because of certain alleged misconduct of the jury. The record in this case shows that the court adjourned on the 4th day of April, 1924, and the Statement of Facts on the motion for new trial was not filed, according to the file mark thereon, in…