
    PIERCE v. STATE.
    (No. 5233.)
    (Court of Criminal Appeals of Texas.
    Dec. 4, 1918.)
    1. Ckiminai. Law <&wkey;1104(4), 1105(1) — Appeal — Record — Copying Statement oe Pacts in Transcript.
    On appeal in misdemeanor cases, if there is a statement of facts, it must be copied in the transcript of the record, and certified, like. all other orders and proceedings, and the original must not be sent up, but kept on file in the lower court; sending up original being permissible only in cases of felony,
    2. Criminal Law <&wkey;1099(ll) — Appeal — Purported Statement oe Eacts — Approval.
    Where the term at which conviction of misdemeanor occurred adjourned August 3d, a separate paper, not filed in trial court until October 18th, though indorsed as a statement of facts, being unapproved by the trial judge, cannot bo considered by the Court of Criminal Appeals for any purpose.
    3. Criminal Law <&wkey;1097(l) — Appeal—Absence oe Statement of. Pacts.
    In absence of statement of facts, and no error appearing on the face of the record, nothing is presented .which can be reviewed.
    Appeal from Lamer County Court; Tom L. Beauchamp, Judge.
    Clem Pierce was convicted of aggravated assault and battery, and he appeals.
    Affirmed.
    Sturgeon & Sturgeon, of Paris, for appellant.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
   PRENDERGAST, J.

Appellant was convicted of an aggravated assault and battery upon his wife, and fined 850.

In misdemeanor cases the statute requires that, if there is a statement of facts, it shall be copied in the transcript of the record and certified, the same as all the other orders and proceedings therein. The original must not be sent, but kept on file in the lower court. It is only in felony convictions that the original is authorized to be sent to this court instead of copied in the transcript. Branch, An. P. C. § 594.

There is no statement of facts in the record herein. There is what' is indorsed as a statement of facts — a separate paper — but it is in no way approved by the trial judge. Besides, the record shows that the term ofj court at which the conviction occurred adjourned August 3d. This document was not filed in the lower court until October 18, 1918. Hence for all these reasons it cannot be considered by this court for any purpose. There is nothing presented which can be reviewed, in the absence of a statement of facts. McGee v. State, 78 Tex. Cr. R. 638, 182 S. W. 309; Sorrell v. State, 79 Tex. Cr. R. 453, 186 S. W. 336; Branch An. P. C. p. 306.

The judgment is affirmed. 
      (S^sKor. other cases see same topic and KEY-NUMBER in ail Key-Numbered Digests and Indexes
     