McKinney v. State

OPINION

ROBERTS, Judge.

This is an* appeal from a conviction for assault with intent to murder without malice. Trial was before a jury, which assessed punishment at confinement for three years.

The record on appeal has not been prepared and approved as required by Article 40.09, § 7, Vernon’s Ann.C.C.P.

The endorsement of the presiding judge approving the statement of facts and ordering the same filed does not comply with the requirements of Art. 40.09, § 7, V.A.C.C.P., that the record, as defined in Art. 40.09, § 1, V.A.C.C.P., be approved by the trial court.

Also, a supplemental statement of…