
    BOOTH v. STATE.
    (No. 3835.)
    (Court of Criminal Appeals of Texas.
    Nov. 17, 1915.)
    Criminal Law <&wkey;1097 — Appeal—-Record-Motion fob New Trial.
    That the motion for new trial for newly discovered evidence may be considered on appeal, there must be a statement of facts.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939, 2941, 2942, 2947; Dec. Dig. &wkey;1097.]
    Appeal from District Court, Rusk County; W. C. Buford, Judge.
    John Booth was convicted, and appeals.
    Affirmed.
    O. C. McDonald, Asst. Atty. Gen., for the State.
   DAVIDSON, J.

Appellant was convicted of murder, his punishment being assessed at five years’ confinement in the penitentiary.

The record is before us without a bill of exceptions or statement of facts. There are quite a number of affidavits attached 'to the motion for a new trial setting up newly-discovered testimony. In the absence of the statement of facts it will be impossible to form any estimate of the value that might be attached to the affidavits. In fact an intelligent revision of the contents of the affidavits would be impossible without the evidence adduced on the trial.

The judgment is affirmed. 
      <g^>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     