Jordan v. State

McDonald, Judge.

Appellant was convicted for driving a motor vehicle upon a public highway while intoxicated; the punishment was assessed at a fine of $100.00 and confinement in jail for three days.

There are no formal bills of exception; the only statement of facts is on the hearing of the amended motion for new trial, which alleged newly discovered evidence.

In the absence of a statement of facts on the main trial, this Court cannot properly appraise any error based on newly discovered evidence. In Campbell v. State, 166 Tex.Cr.R. 61, 310 S.W.2d 740, it was held;

“This court cannot properly…