
    E. E. NEAL v. STATE.
    (No. 7469.)
    (Court of Criminal Appeals of Texas.
    Oct. 31, 1923.)
    Appeal from Starr County Court; H. Garza, Jr., Judge.
    A. L. Love, of Austin, and E. E. Neal, of Rio Grande, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Appellant was convicted for simple assault on one Lauro M. Gutierrez, and his punishment assessed at a fine of $25. The record is in such condition that we have been at a loss to know the proper order to make. The certiorari for an amended transcript, made at the last term of court, has been complied with, and the record shows no bills of exception in such condition as will permit of their consideration. There are on file two affidavits (which are uncontroverted) relative to the 'purported statement of facts. We have concluded that either the statement of facts should be considered or that appellant was deprived of one. , In either event, a reversal of the judgment would follow. If the statement, of facts should be considered, it reveals that appellant may have been guilty of abusive language under article 1020 of the Penal Code, but was not guilty of an assault, the offense for which he was tried. The judgment is reversed, and the cause remanded.  