
    Henderson Ashworth v. The State.
    This court will not reverse a judgment in a.criminal case for alleged error in the refusal of the court bolow to give a, charge asked, unless thero be a statement of facts or bill of exceptions staling facts sufficient to show the pertinency of the charge.
    An indictment which charges that a free negro of African descent lived in fornication with a certain woman, spinster, is good, without averment as to the descent of the woman.
    "Where the jury assess the fine, it is a sufficient entry of final judgment to order that the defendant stand committed to the common jail of the county until the final costs shall be paid.
    Appeal from Jefferson. The appellant was indicted and convicted upon the following charge : “That Henderson Ashworth, being a free person of color, “ of African descent, laborer, and Lititia Stewart, late of said county, spinstress, “ on the first day of April, and on divers other days and times thereafter, and- “ before the finding this bill, to wit, in the county aforesaid, did then and there “ live together iu fornication, contrary to the statute,” &e. The record showed that the defendant asked several charges which were predicated upon the admission that some evidence had -been introduced to prove that the parties were married, and that no evidence had been introduced to prove the descent of Lititia Stewart. But there was no statement of facts nor hill of exceptions. The entry of final judgment merely recited the verdict, and ordered and decreed that the said defendant he committed to jail until the fine and costs wore paid.
    
      J. B. Jones, for appellant.
    
      Attorney General, for appellee.
   . LIPSCOMB, J.

"In this case there was a: verdict and judgment against tlie appellant on an indictment for an offense known to our laws. There is no error apparent upon the record, and there is no statement of facts.

The record shows that a charge of tlie court was asked to be given to the jury and refused; but from the want of a statement of the facts it is impossible for us to say whether the court erred or not in such refusal. It may have been wholly irrelevant to the facts in proof, and a mere abstract proposition. The bill of exceptions should have shown the pertinancy of the charge asked, or it Should have been shown by the statement of the facts proven. The judgment must therefore be affirmed.

Judgment affirmed.  