
    POLK v. STATE.
    (No. 11476.)
    Court of Criminal Appeals of Texas.
    April 4, 1928.
    Criminal law <§=1691(11) — Bills of exception in question and answer form cannot be considered, absent certificate of judge showing necessity of such form.
    Bills of exception in question and answer form held not entitled to consideration on appeal in murder case, where there was no certificate of judge showing necessity of such form.
    Commissioners’ Decision.
    Appeal from District Court, San Augustine County ( Y. H. Stark, Judge.
    George Polk was convicted of murder, and he appeals.
    Affirmed.
    Ramsey & Minton, of San Augustine, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   CHRISTIAN, J.'

The offense is murder; the punishment confinement in the penitentiary for 15 years.

Two bills of exception are brought forward. Both are in question and answer form. No certificate of the judge showing the necessity of such form appears. Bills of exception ip. question and answer form are not entitled to consideration. Montez v. State, 101 Tex. Cr. R. 582, 276 S. W. 709; Robbins v. State, 100 Tex. Cr. R. 592, 272 S. W. 175; Romez v. State, 93 Tex. Cr. R. 92, 245 S. W. 914; Jetty v. State, 90 Tex. Cr. R. 346, 235 S. W. 589. Where a bill of exception appears in question and answer form, in order to receive consideration, the certificate of .the trial judge must show the necessity for such form. Lee v. State, 100 Tex. Cr. R. 664, 274 S. W. 582.

The evidence is sufficient to support the conviction.

The judgment is affirmed.

PER CURIAM. 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. 
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