
    REDWINE v. STATE.
    (No. 4218.)
    (Court of Criminal Appeals of Texas.
    Oct. 25, 1916.)
    Criminal Law <&wkey;1088(10) — Appeal — Record.
    The stenographer’s report of trial, not agreed to by any attorney in the case, and not approved by the trial judge, cannot be considered by the Court of Criminal Appeals.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2794, 2795; Dec. Dig. &wkey; 1088(10).]
    Appeal from District Court, Mills County; F. M. Spann, Judge.
    S. W. Redwine was convicted of rape, and he appeals.
    Affirmed.
    See, also, 184 S. W. 196.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   PRENDERGAST, P. J.

Appellant was convicted of rape, ahd his punishment assessed at life imprisonment. This is the second appeal in this case. The first is reported in 184 S. W. 196.

There is no statement of facts in the record. Appellant has some bills of exception, but none of them can be considered in the absence of a statement of facts. There is on file here, and which was also filed in the lower court, the stenographer’s report of the proceedings of the trial. It is in no way agreed to as correct by the attorneys, or either of them, and it is in no way approved by the trial judge. It cannot be considered by this court.

The judgment is therefore affirmed.  