
    YEARY v. STATE.
    (Court of Criminal Appeals of Texas.
    Feb. 5, 1913.)
    1. Criminal Law (§ 1099) — Appeal—Statement on Facts — Time on Filing.
    Where one was convicted of a misdemean- or, and no order appears of record authorizing the filing of a statement of facts, after term time, such statement filed after term time cannot be considered.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2866-2880; Dec. Dig. § 1099.]
    2. Criminal Law (§ 1097) — Review—Statement on Facts.
    In the absence of a statement of facts, grounds for a new trial that the judgment is against the weight of the evidence, and that the court erred in failing to give a special charge, cannot be reviewed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939, 2941, 2942, 2947; Dec. Dig. § 1097.]
    Appeal from Wichita County Court; C. B. Felder, Judge.
    C. P. Xeary was convicted of crime, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other eases see same topic and section NUMBER, in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexea
    
   HARPER, J.

Appellant was prosecuted in the county court, and convicted of an aggravated assault, and his punishment assessed at a fine of $150.

In this case no order appears of record authorizing the filing of a statement of facts after term time, and, it being a misdemeanor conviction, a statement of facts filed after term time cannot be considered.

The only grounds in the motion are that the judgment is against the weight of the evidence, and the court erred in failing to give a special charge requested, and, in the absence of a statement of facts, we cannot review these grounds.

The judgment is affirmed.  