Carter v. State

Citations

• 5 Tex. Ct. App. 458

Syllabus

<p>1. Practice in this Court. — The law requires that a statement of facts must be made out and certified by the judge of the court, during the term in which the trial was had. If made out and certified otherwise, it becomes no part of the record, and this court can consider the appeal only to ascertain whether or not the conviction has been had upon a proper indictment, and one which will support the charge and finding of the jury.</p> <p>2. Same — Statement oe Pacts.—It is the duty of the parties in the first instance to make out the statement of facts; but if they disagree, it becomes the duty of the judge trying the case to make out the statement from those of the parties, and his own knowledge. The judge is not required to make out the statement in the first instance, and of bis own motion.</p> <p>3. Charge oe the Court.—Exceptions to the charge of the court cannot be properly considered in the absence of a statement of facts.</p> <p>4. Indictment. — See charging clause of indictment appended, held sufficient to charge murder.</p>