
    FENTON v. STATE.
    (No. 7212.)
    (Court of Criminal Appeals of Texas.
    Feb. 7, 1923.
    Rehearing Denied March 7, 1923.)
    Criminal law <&wkey;1098 — Statement of facts must be in narrative form.
    Under Vernon’s Ann. Code Cr. Proc. 1916, art. 844e, the statement of facts on appeal must be in narrative form, and neither questions, answers, statement of court or counsel, or exceptions of counsel have any place therein.
    Appeal from District Court, Nacogdoches County; L. D. Guinn, Judge.
    Albert Fenton was convicted of selling intoxicating liquor, and he appeals.
    Affirmed.
    S. M. Adams, of Nacogdoches, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Nacogdoches county of selling intoxicating liquor, and his punishment fixed at confinement in the peni-tentary for a period of one year.

The indictment charges appellant with unlawfully selling to R. D. MeKnight spirituous, vinous, and malt liquor, capable of producing intoxication, and is in form which has been frequently upheld by us. We find no error in the charge of the court.

We regret that we cannot consider what purports to be appellant’s statement of facts, because not' in conformity with the repeated decisions of this court and the requirements of the statute. It is required that there he a statement of facts in narrative form, and such is not the case here. In addition to being in question and answer form as to most of the testimony, the statement of facts contains the numerous exceptions made by appellant’s attorney and conversations and arguments had between him and the court, and the court’s action upon these exceptions. As a sample of what appears in said statement of facts, we note that on page 2 thereof appear four questions, each less than one line in length. The answers to each of said questions are also less than one line in length, but said page contains eleven statements by appellant’s attorney a*nd six by the learned trial court. Neither the questions, nor the answers, nor the state-meats of the trial court, nor the statements or exceptions made by appellant’s attorney have any place in a statement of facts in criminal procedure. Article 844c of our Code of • Ciiminal Procedure (1916) very plainly directs that a statement of facts be in narrative form, and this means only a narrative of the facts. The questions raised in appellant’s bills of exception cannot he considered, or' their pertinence determined, or the question of any injury on any of the matters complained of, be ascertained, in the absence of a statement of facts.

The judgment of the trial court will be affirmed.

On Motion for Rehearing.

HAWKINS, J.

We regret that after a consideration of appellant’s motion for rehearing we cannot consider the statement of facts without ourselves ignoring all our previous decisions relative thereto. We respectfully call the attention of the bar to the congested condition of our docket, and request their co-operation in directing the preparation of their records for this court in such manner as will lessen our labor as much as possible.

The motion for rehearing is overruled. 
      —,Vor other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and indexes
     