
    MATTHEWS v. STATE.
    (No. 3501.)
    (Court of Criminal Appeals of Texas.
    April 14, 1915.
    Rehearing Denied May 12, 1915.)
    1. Criminal Law ®=>1Q92, 1099 — Bill on Exceptions — Statement op Facts.
    Bills of exception and statements of facts, not presented to the trial court until more than 100 clays after adjournment, cannot be considered.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2803, 2829,, 2834-2861, 2860-2880, 2919; Dec. Dig. «=31092, 1099.]
    2. Criminal Law «=?1097 — Review—Record —Questions Presented.
    In the absence of a statement of facts, it is impossible to determine whether the issue of manslaughter in a criminal case was raised, so as to render the court’s failure to submit it erroneous.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2SG2, 2864, 2926, 2934, 2938, 2939, 2941, 2942, 2947; Dec. Dig. 1097.]
    Appeal from Criminal District Court, Harris County; C. W. Robinson, Judge.
    Ernest A. Matthews was convicted of murder, and he appeals.
    Affirmed.
    A. J. Schnitzel and Y. M. Clark, both of Houston, for appellant. C. C. McDonald, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was convicted of murder, and his punishment assessed at 25 years’ confinement in the penitentiary.

There are but two questions presented in the motion for a new trial; one that the evidence is insufficient to sustain the verdict, and the other that the court erred in failing to submit the issue of manslaughter in his charge to the jury.

There is one bill of exceptions in the record, and it does not show to have ever been filed in the trial court. The approval of the trial judge, however, shows it was not presented to and approved by him until February 10th, more than 100 days after the adjournment of court. The statement of facts also shows to have been presented to the trial court for his approval more than 100 days after the adjournment of court for the term. Under such circumstances the motion of the Assistant Attorney General to strike them from the record must be sustained. And in the absence of a statement of facts it is impossible to determine whether or not the issue of manslaughter was raised by the testimony.

The judgment is affirmed. 
      <&=>For other eases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     