79 S.W.2d 1096 | Tex. Crim. App. | 1935
Conviction is for aggravated assault, punishment assessed being a fine of $100 and confinement in the county jail for one year.
The record contains no final judgment, and no such notice of appeal as the statute demands.
There is in the transcript what appears to be a copy of a sheet from the court’s trial docket, which, if it could be considered, .would indicate that the court tried appellant without a jury and assessed the punishment indicated, and also that counsel for appellant gave notice of appeal. Neither of the entries are shown to have been carried forward in the minutes of the court. See Article 827, C. C. P.; Bryson v. State, 20 S. W. (2d) 1047.
Because of the defects in the record as pointed out the appeal must be dismissed, and it is so ordered.
Dismissed.
ON reinstatement of appeal.
The record having been perfected, the appeal is reinstated and the case considered on its merits.
Appellant testified that he was 51 years of age and was married; that on the occasion of the alleged assault he was parked near the north end of the bridge for the purpose of watching the fishermen; that he knew Velma Barrow by sight and when he saw her he asked her if she wanted to ride home with him in his automobile; that he went around behind the concrete protection wall with her for the purpose of seeing if any fish were being caught; that she told him that she did not want to ride home with him, as her mother might punish her; that he did not place his hand on her person and did not molest her in any manner. It was uncontroverted that appellant’s general reputation as a peaceable and law-abiding citizen was good.
Two bills of exception are brought forward. The first one complains of the action of the court in permitting Velma Barrow to testify that after she had walked four blocks away from the automobile on her way home she stated to C. G. Jones, who had followed her and questioned her, that appellant had put his hand under her dress and asked her for a date. The other bill relates to appellant’s objection to the testimony of Jones to the effect that after Velma Barrow had walked four blocks away from the car, and within fifteen or twenty minutes after she left said car, he overtook her and asked her what had happened. She .replied that appellant had placed his hands on her in an indecent manner, etc. We think said bills reflect
The judgment is reversed and the cause remanded.
Reversed and remanded.
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.