
    INABNIT v. STATE.
    (Court of Criminal Appeals of Texas.
    June 23, 1911.)
    1. Criminal Law (§ 1099*) — Appeal—Record —Statement oe Pacts.
    Where the term of court at which defendant, accused of murder, was convicted, lasted more than 8 weeks, and the statement of facts was filed more than 30 days from the date of the final judgment, and more than 30 days after the final adjournment of the court, it will be stricken out.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2876; Dec. Dig. § 1099.*]
    2. Criminal Law (§ 1144*) — Appeal — Review-Presumptions.
    In the absence of a statement of facts, it is presumed that the court charged the law, and all the law, applicable to the facts.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 3032; Dec. Dig. § 1144.*]
    Appeal from Criminal District Court, Dallas County; Robt. B. 'Seay, Judge.
    R. H. Inabnit was convicted of burgla-riously entering a private residence in the nighttime, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

The appellant was indicted, charged with the offense of burglariously entering a private residence in the nighttime. He was convicted, and senténced to five years’ confinement in the penitentiary.

The caption shows that the term of court at which appellant was tried adjourned April 1, 1911. It is also shown that the term of court lasted more than 8 weeks, and defendant was tried on January 6, 3911, and sentenced on January 14, 1911. The statement of facts was not filed until Hay 6, 1911, not only more than 30 days from the date of the final judgment, but more than 30 days after the final adjournment of the court. The motion of the Assistant Attorney General to strike out the statement of facts is sustained..

There are no bills of exception to the admissibility of any testimony, and in the absence of a statement of facts it is presumed the court charged the law, and all the law, applicable to the facts. The indictment charges an offense, and the charge submits that offense to the jury. No question is presented that we can review, in the absence of a statement of facts.

The judgment is affirmed.  