Fleming v. State

OPINION

ONION, Judge.

The conviction is for Sale of Intoxicating Liquor in a Dry Area; the punishment, three (3) months in jail and a fine of $200.-00.

Sentence was pronounced and notice of appeal was given October 31,1966.

The record on appeal has not been prepared and approved as required by Article 40.09, Vernon’s Ann.C.C.P.

It appears there was no court reporter, and the trial judge prepared the statement of facts after the parties were unable to agree upon the same, but this fact, even coupled with the court’s refusal to grant a new trial and allow the defendant to withdraw his notice of…