
    WILSON v. STATE.
    (Court of Criminal Appeals of Texas.
    Oct. 29, 1913.)
    1. Assault and Battery (§ 74) — Aggravated Assault — Indictment.
    An indictment, charging that accused, who was then and there an adult male, on August 4, 1912, and anterior to the presentment of the indictment, committed an aggravated assault upon a female named, was not open to the objection that it did not allege that accused was an adult male on the 4th of August prior to the return of the indictment.
    [Ed. Note. — For other cases, see Assault and Battery, Cent. Dig. §§ 103, 106, 108; Dee. Dig. § 74.]
    2. Criminal Law (§ 1099) — Appeal—Statement of Facts — Time for Filing.
    In a criminal case in the county court, the statement of facts must be filed within 20 days in order to be considered, and hence a statement filed 22 days after adjournment could not be considered.
    [Ed. Note. — For other cases, se'- Criminal Law, Cent. Dig. §§ 2866-2880; ■ Dec. Dig. § 1099.]
    Appeal from Denton County Court; S. H. Hoskins, Judge.
    Rufus Wilson was convicted of aggravated assault, and he appeals.
    Affirmed.
    T. G. Milliken, R. H. Hopkins, Jr., and Owsley & Owsley, all of Denton, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other eases see same topic and section NUMBER in Deo. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   DAVIDSON, J.

Appellant was convicted of aggravated assault; his punishment being assessed at a fine of $300.

The charging part of the indictment is as follows: “That Rufus Wilson, who was then and there an adult male on or about the 4th day of August, one thousand, nine hundred and twelve, and anterior to the presentment of this indictment, in the county of Denton and state of Texas, did then and there unlawfully commit an aggravated assault in and upon the person of one Lottie McCormick, the said Lottie McCormick then and there being a female, against the peace and dignity of the state.” The indictment is attacked because it does not allege that appellant was an adult male on the 4th of August prior to the return of the indictment, or set out any other ground of aggravated assault. We do not believe there is any merit in this contention. The indictment as copied above does allege that appellant was then and there an adult male on or about the 4th day of August, 1912, and anterior to the presentment of this indictment, and did then and there unlawfully commit an aggravated assault, etc. We are of opinion there is no such merit in the motion to quash to entitle it to be sustained.

The statement of facts cannot be considered, being filed 22 days after adjournment of court. This being a county court case, the statement of facts must be filed within 20 days in order to be considered. Without the statement of facts the other matters'cannot be intelligently revised.

The judgment is affirmed.  