
    CATRON v. STATE.
    (Court of Criminal Appeals of Texas.
    Oct. 18, 1911.)
    1. Criminal Law (§ 1131)—Appeal—WITH-DRAWAL.
    An application to withdraw notice of appeal must be made by the appellant in person and sworn to by him.
    [Ed. Note.—For other cases, see Criminal Law, Cent. Dig. § 2973; Dec. Dig. § 1131.]
    2. Criminal Law (§ 1090)—Appeal—Reo-oro—Bill oe Exceptions.
    Where the record contains neither a statement of facts nor bill of exceptions, questions presented by a motion for a new trial will not be reviewed.
    [Ed. Note.—For other cases, see Criminal Law, Dec. Dig. § 1090.]
    3. Criminal Law (§ 1144)—Appeal—Pre-sumption— Instructions.
    Where there is no statement of facts in the record, the court will presume that the charge presented the law, and all the law, applicable to the testimony.
    [Ed. Note.—For other cases, see Criminal Law, Cent. Dig. § 3032; Dec. Dig. § 1144.]
    4. Criminal Law (§ 889)—Trial—Verdict —Mistake in Spelling-.
    Where the verdict convicting defendant of murder in the second degree, as first returned, misspelled the words “jury,” “guilty,” “imprisonment,” and “penitentiary,” but the court before their final discharge corrected the verdict in those particulars, and such corrections, on submission to the jury, were agreed to by them, the verdict is proper in form.
    [Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 2109, 2110, 2112; Dec. Dig. § 889.]
    Appeal from District Court, Matagorda County; Wells Thompson, Judge.
    Alex Catron was convicted of murder in the second degree, and he appeals.
    Affirmed.
    Linn, Conger & Austin, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Deo. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was indicted by the grand jury of Matagorda county, charged with murder, and upon a trial he was convicted of murder in the second degree.

We find with the papers a motion to advance this cause, and an application to withdraw the appeal, signed by appellant’s counsel. This court has uniformly held that an application to withdraw notice of appeal filed in this court must be made by' the appellant in.person, and be sworn to by him; and appellant in person not having made an application to withdraw the appeal, the application cannot be granted.

However, no statement of facts accompanies the record, and there are no bills of exception embraced therein; consequently no question is presented in the motion for a new trial which would call for a reversal of this case. The first three grounds in the motion complain of the action of the court in refusing to quash the venire drawn. No bill of exception having been reserved to the action of the court in refusing to quash the venire, nothing is presented that we can review.

The record contains three special charges requested by appellant, which were refused. There being no statement of facts in the record, this court will presume that the court in his charge presented the law, and all the law, applicable to the testimony.

The verdict of the jury as first returned misspelled the words “jury,” “guilty,” “imprisonment,” and “penitentiary.” The court, before the final discharge of the jury, corrected the verdict in those particulars, and submitted same to them, which changes were agreed to by the jury. In this there was no error, even if there was a bill of exceptions thereto.

The other matters mentioned in the motion cannot be reviewed, in the absence of a statement of facts.

The judgment is affirmed.

DAVIDSON, P. X, absent.  