
    FIELDER v. STATE.
    (No. 3840.)
    (Court of Criminal Appeals of Texas.
    Nov. 24, 1915.)
    1. Criminal Law <&wkey;1086 — Appeal and Error — Record—Showing op Recognizance or Imprisonment — Necessity.
    Where on appeal from conviction of crime the record fails to disclose that defendant entered into any recognizance or is in jail pending appeal, the Attorney General’s motion to dismiss on the record will be sustained.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2736-2770, 2772, 2794; Dec. Dig. <@=51086.]
    2. Criminal Law <&wkey;1114r-AppEAL and Error-Necessity por Exceptions or Statement.
    In the absence of bill of exceptions or statement of facts, no question is raised for' review on appeal from a conviction of crime.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2918, 2921; Dec. Dig. <©=» 1114.]
    Appeal from Criminal District Court, Dallas County; W. L. Crawford, Jr., Judge.
    Willie Fielder was convicted of unlawfully carrying a pistol, and he appeals.
    Appeal dismissed.
    O. C. McDonald, Asst. Atty. Gen., for the State.
   PRENDHRGAST, P. J.

Appellant was convicted for unlawfully carrying a pistol. He waived a jury, and the cause was tried before the court.

The record nowhere discloses that he entered into any recognizance, or that he is in jail, pending this appeal. The Assistant Attorney General’s motion to dismiss the appeal, with the record as stated, must therefore be sustained. Young v. State, 8 Tex. App. 81; State v. Fatheree, 23 Tex. 202.

However, even if the record had shown that he was in. jail, or had duly entered into recognizance, his appeal would avail him nothing, for there is neither a bill of exceptions nor a statement of facts. In the absence of these, nothing is raised which could be reviewed anyway.

The appeal is dismissed.  