
    GRAYSON v. STATE.
    (No. 5235.)
    (Court of Criminal Appeals of Texas.
    Dec. 4, 1918.)
    1. Criminal Law <&wkey;1104(4), 1105(1) — Appeal — Statement of Facts in Misdemeanor Cases.
    In misdemeanor cases, the clerk must include a copy of the statement of facts in the transcript, when properly approved and filed; and certify thereto, the same as the other documents; the original 'being sent up only in felony cases.
    2. Criminal Law <&wkey;1099(5) — Appeal — Statement oe Facts — Time for Approval anb Filing.
    A statement of facts in a misdemeanor case cannot be considered on appeal, where not approved or filed until October 12th; term having ended August 3d.
    Appeal from Lamar County Court; Tom L. Beauchamp, Judge.
    J. N. Grayson was convicted of aggravated assault and battery, and be appeals.
    Affirmed.
    B. B. Sturgeon, of Paris, for appellant.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
   PRENDERGAST, J.

Appellant appealed from a conviction of an aggravated assault and battery, wherein be was fined $50.

The term of court at which he was tried adjourned August 3, 1918. There is no statement of facts in the record. In misdemeanor cases, where a statement of facts has been duly approved and filed within time, the clerk must include a copy of it in the transcript, and certify thereto, the same as the other documents, orders, etc., in the case. It is only in felony cases that the original must be sent to tbis court, instead of it’ being copied in the transcript. 1 Branch, An. P. C. § 594.

There is with the file, but not in the record, what is styled a statement of facts, which appears to be the original. However, it was not approved by the trial judge nor filed until October 12th. Hence it cannot be considered by this court, and the Assistant Attorney General’s motion to strike it out must therefore prevail. Sorrell v. State, 79 Tex. Cr. R. 453, 186 S. W. 336; McGee v. State, 78 Tex. Cr. R. 638, 182 S. W. 309; 1 Branch, An. P. C. p. 306. There is nothing which can be -considered in the absence of a statement of facts.

The judgment is affirmed.  