JAMES v. STATE, 141 Tex. Crim. 529 (1941)

150 S.W.2d 243

L. C. JAMES v. THE STATE.

No. 21585.Court of Criminal Appeals of Texas.
Delivered April 23, 1941.

Record — Statement of Facts or Bills of Exception.

Where the record was before the Court of Criminal Appeals without a statement of facts, or bills of exception, nothing was presented for review, and conviction was affirmed.

Appeal from District Court of Collin County. Hon. Tom Suggs, Judge.

Appeal from conviction for driving an automobile on a public highway while intoxicated; penalty, fine of $50.00 and confinement in jail for five days.

Affirmed.

The opinion states the case.

H. H. Neilson, of McKinney, for appellant.

Lloyd W. Davidson, State’s Attorney, of Austin, for the State, on submission.

CHRISTIAN, Judge.

The offense is driving an automobile on a public highway while intoxicated; the punishment, a fine of $50.00 and confinement in jail for five days.

The record is before us without a statement of facts or bills of exception. No question is presented for review.

The judgment is affirmed.

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.

HAWKINS, Presiding Judge.

The foregoing opinion was prepared by Judge Christian and brought into consultation on the morning of April 15, 1941. During consultation, at about 10:30 a. m., he was suddenly stricken and soon lapsed into unconsciousness, and passed away about 7 o’clock in the evening of April 15. In the afternoon the court continued its consultation, considered the opinion, and adopted the same. It is now here formally announced as the opinion of the court under the name of our lamented co-worker, this April 23, 1941.

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