16 S.W.2d 234 | Tex. Crim. App. | 1929
Lead Opinion
The offense is aggravated assault; the punishment confinement in the county jail for thirty days.
The record contains no statement of facts or bills of exception. No question is presented for review.
The judgment is affirmed.
Affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
Addendum
For the first time appellant seeks in this court to raise the question that the indictment herein, charging a misdemeanor, was not transferred by proper order from the district court in which, under our practice, same was of necessity returned, — to the county court where the case was tried. We think *298
the place to raise such question was in the trial court, and the time for raising same was before announcement for trial upon the merits. Thompson v. State, 2 Texas Crim. App. 82; Friedlander v. State, 7 Texas Crim. App. 204; Bonner v. State, 38 Tex.Crim. Rep.; Scrivener v. State,
Attention is called to other authorities: Harris v. State,
Overruled.