
    DRAKE v. STATE.
    (Court of Criminal Appeals of Texas.
    March 27, 1912.)
    Criminal Law (§ 1099) — Appeal — Statement op Pacts.
    On appeal in a misdemeanor case, a purported statement of facts, indefinitely identified as such, will not be considered.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2866-2880; D'ec. Dig. § 1009.]
    ' Appeal from Tyler County Court; R. A. Shivers, Judge.
    Rod Drake was convicted of unlawfully carrying a pistol, and be appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for tbe State.
    
      
       For other oases see same topic and section NUMBER in Deo. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   PRENDERGAST, J.

Appellant was prosecuted and convicted for unlawfully carrying a pistol, and bis punishment fixed at $100 fine.

There is no statement of facts contained in tbe record, as required by law. There is with tbe file a separate paper, which, while rather indefinitely identified as such, was intended for the original statement of facts. It has been tbe uniform holding of this- court that, in misdemeanor cases, such purported statement of facts cannot be considered. It is unnecessary to cite the cases, though we call attention to some of the more recent ones. Looper v. State (two cases) 136 S. W. 791; Carney v. State, 140 S. W. 440; Wagoner v. State, 140 S. W. 339; Morris v. State, 140 S. W. 775; Brogdon v. State, 140 S. W. 352; Jenkins v. State (two cases) 141 S. W. 222, 223; Skinner v. State, 141 S. W. 231.

The only questions attempted to be raised by the appellant cannot be considered without a statement of tbe facts. This is in accordance with the uniform and long holding of this court.

The judgment will be affirmed.  