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Hardes v. State

L. G. Hardes v. the State

Hardes v. State, 150 S.W. 610 (Tex. Crim. App. 1912)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
October 23, 1912
Docket
No. 1907.
Judges
Prendergast
Citations
150 S.W. 61068 Tex. Crim. 41912 Tex. Crim. App. LEXIS 525
Headnotes
Rape — Statement of Pacts — Practice on Appeal. Where, upon an appeal from a conviction of rape, the purported statement of facts was not agreed to by the attorneys nor approved by the court, the same could not be considered; 'and where the charge of the court was authorized under the indictment, there was no error.
Summary
The opinion states the case.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Prendergast

PRENDERGAST, Judge.

By proper indictment the appellant was charged with rape on a girl under fifteen years of age, was tried and convicted and given the lowest penalty.

There is no statement of facts with the record. The only thing that purports to be, appears to have been made out by a stenographer, but not signed or agreed to by- any of the attorneys, nor approved in any way by the court. It can not be considered by us.

The charge of the court clearly presents the matter in the manner authorized and in accordance with the indictment. Ho question attempted to be raised by appellant can be considered in the absence of a statement of facts.

The judgment is therefore affirmed. ' Affirmed.

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