
    SMITH v. STATE.
    (No. 5689.)
    (Court of Criminal Appeals of Texas.
    Feb. 25, 1920.)
    Criminal law <S&wkey;1097(5) — Objections to CHARGE CANNOT BE REVIEWED WITHOUT STATEMENT OE FACTS.
    Objections to tbe charge cannot be intelligently reviewed or understood without a statement of the facts,, and where it is not incorporated in and does not accompany the record, the charge cannot be considered.
    Appeal from Criminal District Court, Dallas County; C. A. Pippen, Judge.
    Noce Smith was convicted of theft of personal property, and he appeals.
    Affirmed.
    Alvin M. Owsley, Asst. Att-y. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted of theft of personal property and awarded five years in the penitentiary.

There were objections to the charge, but they cannot be intelligently revised or understood without the statement, of facts, which is not incorporated in nor does it accompany the record. As the' record presents the matter, these matters cannot be considered. The charges may have been proper and in accord with the facts. We are unable at least to revise these exceptions without the evidence.

The judgment therefore will be affirmed.  