
    SULLIVAN v. STATE.
    (Court of Criminal Appeals of Texas.
    June 18, 1913.)
    Criminal Law (§ 1090*) — Appeal—Bills oe Exception — Statement oe Facts — Necessity.
    On appeal in a criminal case; where the indictment was in proper form and the charge submitted the offense alleged in the indictment,’ the denial of a motion for a new trial could not be reviewed where the record contained no bill of exceptions nor statement of facts.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2653, 2789, 2803-2822, 2825-2827, 2927, 2928, 2948, 3204;' Dec. Dig. § 1090.*]
    Appeal from District Court, Orange County; W. B. Powell, Judge.
    William Sullivan was convicted of assault to murder, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, X

Appellant was prosecuted and convicted of assault to murder, and Ms punishment assessed at five years’ confinement in the state penitentiary. The indictment is in proper form; the court in his charge submitted the offense alleged in the indictment; and, there being no bills of exception nor statement of facts in the record, there is no ground in the motion for a new trial we can review.

This case was tried last October, yet the transcript in this ease was not filed in this court until the 16th of May. Appellant has been in jail all this time, the county put to. the expense of keeping him, when this record should have been sent to us in January last. An injustice has been done both appellant and the county.

The judgment is affirmed.  