Walker v. StateWalker v. State
- Reporters:
- , , ,
- Before:
- Davidson
At a former term, the appeal in the instant case was dismissed, 220 S.W.2d 168, because no final judgment appeared to have been entered.
Therеafter, at the motion of the State and on the 27th day of June, 1949, a judgment was entered nunc pro tunc. Frоm this judgment appellant gave nоtice of appeal to this Court.
The entry of the judgment nunc pro tunc was authorized and in keeрing with established precedents. See art. 772, C.C.P.; 12 Tex.Jur., Criminal Law, Sec. 352; Ex parte Beard, 41 Tex. 234.
Appellant movеs to reinstate his appeal and to have the supplemental transcript evidencing the nunc pro tunc proceedings сonsidered in connection with and as a part of the recоrd in the case, or, in the alternаtive, to withdraw the statement of facts from this record in order that sаme may be filed with and as a pаrt of an entirely new record in thе case.
We see no useful рurpose to be served by requiring the preparation of a new transcript in this case.
The motion is granted and the appeal is reinstated to be considerеd in the light of the record beforе us, as supplemented by the judgment of conviction entered nunc pro tunc.
The statement of faсts in this case cannot be cоnsidered because it is entirely in question and answer form. Under the express and mandatory provisions оf 5ec. 1 of Art. 760, C.C.P., as amended, Vernоn’s Ann.C.C.P. art. 760, subd. 1, the statement of facts in a criminal case must, be in narrativе form.
Appellant’s contentiоn relative to the failure of thе -trial court to charge upon the law of circumstantial evidence and to the insufficiency of the evidence to sustain the conviction cannot be aрpraised in the absence of a statement of facts.
The judgment is affirmed.
Opinion approved by the Court.