
    BRYAN v. STATE.
    (No. 7661.)
    (Court of Criminal Appeals of Texas.
    March 28, 1923.)
    Criminal law <S=> 1101 — In absence of statement of facts, only matters appearing in transcript are reviewable.
    In the absence of any statement of facts, ■ the appellate court is called upon only to pass upon matters appearing in the transcript.
    Appeal from District Court, Shelby County ; Chas. L. Brachfield, Judge.
    Selma Bryan was convicted of selling intoxicating liquor, and he appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted! in the district court of Shelby county of selling intoxicating, liquor, and; his punishment fixed at confinement in the penitentiary for a period of one yeár.

There is, no statement of facts in the record. Appellant has a bill of exceptions to the failure and refusal of the learned trial judge to submit to the jury his application for a suspended sentence. It appears from the statements in said bill of exceptions that at the time appellant was more than 25 years of age. This court has upheld the provisions of the statute denying to one 25 years of age and upward the right of suspende^ sentence in this character of case. Davis v. State (Tex. Cr. App.) 246 S. W. 395. This matter is complained of in a different form in another bill of exceptions. " No other matters are before us for consideration in connection with this appeal, and, in the absence of a statement of facts, we are called on only to pass upon the matters appearing in the transcript. The indictment appears to be sufficient, as is also the charge of the eourt to which no exception was reserved.

No error appearing, an affirmance will be directed. 
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