
    BYRD v. STATE.
    (Court of Criminal Appeals of Texas.
    Nov. 1, 1911.
    Rehearing Denied Nov. 29, 1911.)
    Criminal Daw (§ 1099) — Appeal—State-, ment op Facts.
    On appeal from a conviction in a county court, a statement of facts not filed within 20 days after adjournment, cannot be considered.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2876; Dec. Dig. § 1099.]
    Appeal from Comanche County Court;. J. M. Reiger, Judge.
    Jeff Byrd was convicted of an aggravated* assault, and he appeals.
    Affirmed.
    A. B. Haworth, for appellant. C. E. Lane,. Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r indexes,
    
   DAVIDSON, P. J.

The indictment charges two grounds of aggravation: First, with, a deadly weapon by shooting at Shot Adams; and, second, with premeditated design, and. by means calculated to inflict great bodily injury upon the said Shot Adams, that is, by the use of a gun, etc. Appellant was convicted of aggravated assault, and his punishment assessed at a fine of $100.

The case was tried in the county court which adjourned on 25th of March, 1911. The statement of facts is not embodied in the transcript, but is sent up in an independent document. This was filed on April 24th, nearly SO days after the adjournment of the court. Motion is made by the Assistant Attorney General to strike out the statement of facts because the court was without authority to file the statement of facts after 20 days subsequent to adjournment of the court.

This motion is well taken. The statement of facts- in the county court must be filed within 20 days, or rather not later than 20 days after adjournment of court as must be the bills of exception. The bills of exception were also filed on the 24th of April. This appeal, therefore, will be decided without reference to the statement of facts and bills of exception. Eliminating these, all the errors pertaining to the admission and rejection of evidence, and rulings of the court thereupon, and charges given and special charges refused, cannot be intelligently reviewed. Without the statement of facts it will be practically impossible for us to consider these matters. The charge may have been entirely applicable and correct with reference to the case as made before the jury, and in the absence of the statement of facts, this presumption will obtain, not only so. as to the charges given, but as to those refused.

Finding no reversible error in the record as presented, the judgment is affirmed.  