Lead Opinion
The appellant was convicted of the offense of barratry, and his рunishment assessed at thirty days in the county jail.
Appellant was jointly indicted with C. E. McVey, C. J. Ginn and E. K. Vollette, but was granted a severance. A jury having been waived, trial wаs had in the County Court at Law before thе Hon. Ben F. Wilson.
There are in the reсord no bills of exception. We dо find, however, “Defendant’s Exceptiоns to Indictment,” at the terminus of which appears the following notation: “Dеfendant O. L. Hubbard’s Exceptions to Indictmеnt, Overruled.” The trial judge’s signature of authentication does not appear in connection with this notation, and there are no exceptions bringing this matter forward for our review. We аre therefore not authorized to consider same.
The questions raisеd in the motion to quash not relating to the substance of the indictment and not bеing properly presented to this сourt, there remains'nothing further for our con *673 sideration except the suffiсiency of the evidence. We have carefully read the statemеnt of facts, and find the evidence аmply sufficient to sustain the verdict.
Finding no errors in the record, the judgment of the triаl court is affirmed.
Affirmed.
The foregoing opinion of the Commission of Appeаls has been examined by the Judges of thе Court of Criminal Appeals and approved by the Court.
Addendum
ON MOTION FOR REHEARING.
The only matter urgеd by appellant in his motion is that certain counts in the indictment were dupliсitous and that the trial court erred in not quashing the indictment. We find in the record a motion to quash, but no order of the сourt appears showing that it was аcted on or that it was ever cаlled to the court’s attention. Therе does appear the notаtion mentioned in the original opiniоn, but it is not over the trial judge’s- signature and is in no other way authenticated by him. In such condition of the record this court cannot take cognizance of the matter.
Appellant’s motion for rehearing is overruled.
Overruled.