
    SHARP v. STATE.
    (Court of Criminal Appeals of Texas.
    Nov. 6, 1912.)
    1. Cbihinal Law (§§ 1095, 1102) — Apeeai^— Statements of Fact — Time fob Filing.
    In a prosecution for misdemeanor tried in the county court, statements of fact and bills of exception filed after the adjournment of the court will be stricken, unless permission of the court to so file them appears of record.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2847; Dec. Dig. §§ 1095, 1102.]
    2. Cbihinal Law (§ 1144) — Appeal—Presumptions.
    In the absence of a statement of facts-where the charge given is applicable to the offense charged, it will be presumed that the trial court properly submitted to the jury the questions raised by the testimony.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2736-2781, 2901, 3016-3037; Dec. Dig. § 1144.]
    Appeal from McLennan County Court;. Tom L. McCullough, Judge.
    Hal D. Sharp was convicted of swindling, and he appeals.
    Affirmed.
    Walton D. Taylor and James P. Alexander, both of Waco, for appellant. C. E. Lane,. Asst. Atty. Gen., for the State.
    
      
       For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes-
    
   HARPER, J.

Appellant was prosecuted and convicted of the offense of swindling, and his punishment assessed at 20 days’’ confinement in the county jail.

This being a misdemeanor and tried in the county court, the statement of facts and bills of exception having been filed after the adjournment of court without permission of the court to so file them appearing of record, the motion of the Assistant Attorney General to strike the statement of facts and bills of exception from the record is sustained. Mosher v. State, 62 Tex. Cr. R. 42, 136 S. W. 467; Blackshire v. State, 33 Tex. Cr. R.. 160, 25 S. W. 771, and cases there cited.

The main charge of the court and the three special charges given at the request of •appellant sufficiently submit the offense charged, and, in the absence of a statement •of facts, if the charge is applicable to any state of facts that might be made by the testimony, this court will assume the trial court submitted to the jury the law of the case. Wright v. State, 37 Tex. Cr. R. 146, 38 S. W. 1004; Jones v. State, 34 Tex. Cr. R. 642, 31 S. W. 644; Bell v. State, 33 Tex. Cr. R. 163, 25 S. W. 769.

The judgment is affirmed.  