
    IOVANOVICH v. STATE.
    (Court of Criminal Appeals of Texas.
    Nov. 26, 1913.)
    Criminal Law (§ 1099) — Appeal — Statement of Facts — Signing. ,
    It was not a sufficient excuse for appellant’s failure to procure a statement of facts that the officers of the state failed to agree on or return the proposed statement in time; it being the duty of defendant’s attorney under such circumstances to present his proposed statement to the judge and ask him to approve the same, or himself prepare and file a statement in the event he does not find the one presented correct.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2866-2880; Dec. Dig. § 1099.]
    Appeal from District Court, Tarrant County; R. H. Buck, Judge.
    George lovanovich was convicted of theft as bailee, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was convicted of the offense of theft by bailee, and his punishment assessed at four years’ confinement in the state penitentiary.

There is no statement of facts nor any bills of exception in tbe record, consequently no question presented in tbe motion for a new trial can be reviewed by us. Tbe indictment charges an offense under our laws, and in tbe absence of a statement of facts we must presume tbe court charged the law, and all the law, applicable to tbe evidence introduced.

Appellant’s* counsel has filed an affidavit stating that it was through no fault or negligence on the part of appellant or bis counsel that be has been deprived of a statement of facts, and asks that tbe ease be reversed, because be has been deprived of a statement of facts. Appellant’s counsel in tbe affidavit states be prepared a statement of facts and presented it to tbe assistant county attorney for examination and approval, but that such official, although frequently promising so to do, never acted on and never returned to him tbe statement of facts. If this was all tbe law required him to do, then be would be entitled to a reversal. But tbe law provides that, before be will be entitled to have bis case reversed because of failure to secure a statement of facts, be must, in addition to furnishing tbe county attorney a copy, when they fail to or do not agree upon tbe statement of facts, then present to tbe Judge a copy of the statement of facts, and ask tbe trial judge to prepare and file a statement, in tbe event be does not find tbe one presented to him to be correct. Appellant at no time presented a statement of facts to tbe trial judge, and under such circumstances be is not entitled to have bis ease reversed on that ground.

Tbe judgment is affirmed.  