
    MOORE v. STATE.
    (Court of Criminal Appeals of Texas.
    April 26, 1911.)
    Criminal Law (§ 1102*) — Appeal—Statement of If acts — Time for Filing.
    A statement of facts, not filed within the time granted therefor, will be stricken on motion.
    [Ed. Note. — For other cases, see Criminal Law, Dec. Dig. § 1102.*]
    Appeal from Haskell County Court; Joe Irby, Judge.
    M. B. Moore was convicted of unlawfully carrying a pistol, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   PRENDERGAST, J.

The appellant was prosecuted and convicted for illegally carrying a pistol. He was convicted at the January term, 1910, of the county court of Has-kell county. That term of court adjourned January 22, 1910. There is no order authorizing the filing of the statement of facts after the term adjourned. There is, with the record, what purports to be a statement of facts, which is shown to have been filed in the lower court on February 7, 1910; but it is not copied in the record, nor properly certified by the clerk.

The Assistant Attorney General has made a motion to strike out this purported statement of facts, because not filed within time. This motion is granted, and the purported statement of facts stricken out, on the ground made by tbe Assistant Attorney General, and also because it is not properly contained in tbe record and certified by tbe clerk.

There being no bill of exception, and no question wbicb we can consider in the absence of a statement of facts, the complaint, information, and judgment being regular, tbe judgment is affirmed.  