No. 7497. | Tex. Crim. App. | Feb 28, 1923
Lead Opinion
Appellant was convicted in Criminal District Court No. 2 of Dallas county of robbery, and his punishment fixed at seven years in the penitentiary.
The record is before us without a statement of facts or a bill of exceptions. The indictment charges in the usual form that appellant did unlawfully and wilfully make an assault upon the person of Fay Myers, and did then and there by said assault and by violence to the said Fay Myers and by putting the said Fay Myers in fear of life and bodily injury did then and there fraudulently take from the person and possession of said Fay Myers one ring. The charge of the court submitted the offense in appropriate language.
Finding no error in the record, an affirmance is ordered.
Affirmed.
Addendum
This case was recently affirmed, it appearing that there was neither statement of facts nor bills of exception in the record. Appellant presents a motion for rehearing accompanied by an application for certiorari to perfect the record. He avers that he made a pauper's affidavit under Article 845a, Vernon's C.C.P., and attaches a purported copy of such affidavit. Same appears to have been sworn to before a notary public but contains no evidence of having ever been filed. This is all the showing made for rehearing and upon the application for certiorari. This is not sufficient. Not only must the record show that the affidavit in proper form was made and filed, but it must further appear that same was called to the attention of the trial court in order that he might have made an order directing the court stenographer to make out and forward the desired statement of facts. Woods v. State, 67 Tex.Crim. Rep., 150 S.W. 194" court="Tex. Crim. App." date_filed="1912-06-19" href="https://app.midpage.ai/document/wood-v-state-3920685?utm_source=webapp" opinion_id="3920685">150 S.W. Rep. 194; Olivus v. State, 61 Tex.Crim. Rep.; Jackson v. State,
Finding no merit in either appellant's motion for rehearing or his application for certiorari, both will be denied.
Certiorari denied. *231