Mershon v. State

55 S.W.2d 836 | Tex. Crim. App. | 1932

HAWKINS, J.

Conviction is for burglary; the punishment being assessed at 9 years in the penitentiary.

The record is before this court without a statement of facts or bills of exception. In appellant’s amended motion for new trial lie sets up misconduct of the jury in certain particulars. If the averments in the motion were supported by any evidence, the same is not brought forward by a statement of facts or bills of exception. Although the amended motion for new trial was sworn to by appellant and contained the averment of misconduct, it amounted only to a pleading. Johnson v. State, 111 Tex. Cr. R. 395, 13 S.W.(2d) 114; Rollins v. State (Tex. Cr. App.) 53 S.W. (2d) 786.

The judgment is affirmed.

Case Details

Case Name: Mershon v. State

Court Name: Court of Criminal Appeals of Texas

Date Published: Dec 21, 1932

Citation: 55 S.W.2d 836

Docket Number: No. 15758

Court Abbreviation: Tex. Crim. App.