Clark v. State

MORRISON, Presiding Judge.

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $75.00.

No statement of facts accompanies the record.

Bill of Exception No. 1 complains of the action of the trial court in declining to grant appellant’s motion for continuance predicated upon the absence of the appellant’s witness Bull Johnson.

In the absence of a statement of facts on the trial, we are in no position to pass upon action of the court complained of in the bill. Ward v. State, 125 Texas Cr. Rep. 593, 68 S.W. 2d 1046. In Davis v. State, 133 Texas Cr. Rep. 215, 109…