
    RANDLE v. STATE.
    (No. 4188.)
    (Court of Criminal Appeals of Texas.
    Oct. 18, 1916.)
    Criminal Law <®=10fi7(4) — Appeal—Record —Necessity of Statement of Pacts.
    In the absence of a statement of facts, materiality of alleged newly discovered evidence to warrant new trial is not reviewable.
    [Ed. Note. — Por other cases, see Criminal Law, Cent. Dig. §§ 2934, 2938, 2939; Dec. Dig. <S=>1097(4).]
    Appeal from San Augustine County Court; T. H. Downs, Judge.
    Bully Randle was convicted of selling intoxicating liquors in prohibition territory, and appeals.
    Affirmed.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   HARPER, J,

Appellant was convicted of selling intoxicating liquors in prohibition territory.

In the motion for a new trial appellant claims to have discovered additional testimony. In the absence of a statement of facts, it is impossible for us to determine whether or not this alleged newly discovered testimony would be material. The trial judge evidently held it was not, in overruling the motion for a new trial, and we cannot say he erred with no record of the evidence heard on the trial, nor on the motion, before us.

The judgment is affirmed.  