
    LANE v. STATE.
    (Court of Criminal Appeals of Texas.
    April 23, 1913.)
    Criminal Daw (§ 1090*) — Statement of Facts — Bills of Exception — Necessity.
    On appeal in a criminal case, where the record contains neither a statement of facts nor bills of exception, the sufficiency of the evidence to warrant a conviction cannot be reviewed ; the testimony not being before the court.
    [Ed. Note. — For other cases, see Criminal Daw, Cent. Dig. §§ 2653, 2789, 2803-2822, 2825-2827, 2927, 2928, 2948, 3204; Dec. Dig. § 1090.*]
    Appeal from District Court, Smith County; R. W. Simpson, Judge.
    Sam Dane was convicted of violating the local option law, and he appeals.
    Affirmed.
    C. E; Dane, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted of violating the local option law; his punishment being assessed at two years’ confinement- in the penitentiary.

The record is before us without a statement of facts or bills of exception. The only ground of the motion for new trial is that the evidence does not justify or warrant the conviction. Inasmuch as the testimony is not before us, we are unable to revise this matter.

The judgment is affirmed.  