
    yJOHNSON v. STATE.
    (No. 7244.)
    (Court of Criminal Appeals of Texas.
    Jan. 10, 1923.)
    1. Criminal law &wkey;UI02 — Statement of facts not filed within allotted time or extensions thereof may be stricken.
    A statement of facts, not filed within the allotted time therefor or within extensions granted, may be stricken on motion on appeal.
    2. Criminal .law <&wkey;l09G(l6) — In absence of exceptions, or statement of "facts, or apparent error, judgment affirmed.
    In the absence of any statement of facts or bills of exceptions, complaint as to refusal of new trial for insufficiency of evidence cannot be reviewed.
    | Appeal from Williamson County Court; 1 E. D. Love, Judge.
    
      Bud Johnson was convicted of vagrancy, and he appeals.
    Affirmed.
    W. O. Wofford, of Taylor, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the county court of Williamson county of vagrancy, and his punishment fixed at a fine of $25.

The trial term of the court below ended on January 28, 1922. Appellant was grant-, ed 30 days after adjournment of court in which to file statement of facts. He was thereafter granted two similar extensions. The end of the last extension would have been in April. The statement of facts herein was filed in July. Our Assistant Attorney General moves to strike dut said statement of facts because filed too late. The record sustains said motion, and the statement of facts is accordingly stricken therefrom.

There are no bills of exception herein, and the complaint, information, and charge of the court seem to be in accordance with law. Appellant’s motion for new trial is based upon the insufficiency of the testimony. There being no facts before us, no error appears, and we are unable to appraise the complaint made.

The judgment will be affirmed. 
      <©3^>For other cases see same topic and KEY-N QMBEX1 in all Key-Numbered Digests and Indexes
     