
    BAKER v. STATE.
    (No. 7120.)
    (Court of Criminal Appeals of Texas.
    Oct. 18, 1922.)
    Criminal law <&wkey;1102 — Statement of facts stricken where not authenticated-.
    Where the statement of facts is neither agreed to by attorneys nor authenticated by trial judge, it will be stricken.
    Appeal from' District Court, Eastland County; E. A. Hill, Judge.
    E. E. Baker was convicted of swindling, and he appeals.
    Affirmed.
    Dodson & Owen, of Eastland, for appellant
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Upon conviction for swindling, appellant’s punishment was assessed at confinement in the penitentiary for two years.

We find in the record what purports to be a statement of facts, but the same is neither agreed to by the attorneys nor authenticated by the approval of the trial judge. The motion of our Assistant Attorney General to strike same from the record must be sustained. Branch’s Ann. P. C. p. 304, § 596.

The questions raised by bills of exception cannot be considered in the absence of the statement of facts, as they all turn upon the evidence before the court.

The judgment must be affirmed.  