
    TESAR v. STATE.
    (No. 10068.)
    (Court of Criminal Appeals of Texas.
    March 31, 1926.)
    1. Criminal law <§=>1090(14).
    Objection that evidence did not raise issue authorizing certain instructions held■ not reviewable, in absence of statement of facts or bills of exception.
    2. Criminal law <@=11090(14).
    Refusal of special charges cannot be reviewed, in absence of statement of facts or bills of exception.
    Appeal from District Court, Potter County ; Henry S. Bishop, Judge.
    James Tesar was convicted of possessing intoxicating liquor for the purpose of sale, and he appeals.
    Affirmed.
    E. O. Northcutt, of Amarillo, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   HAWKINS, J.

Conviction is for possessing intoxicating liquor for the purpose of sale. Punishment is one and one-half years in the penitentiary.

The record contains neither statement of facts nor bills of exception. Objections to the court’s charge are based on the Claim that the evidence raised no issue authorizing certain instructions. Manifestly, without having the facts .before us, we are in no position tp review this matter. The 'same is true of the special charges refused. In the absence of the facts proven, we cannot determine whether the requested charges were appropriate.

The judgment is affirmed.

MORROW, P. J., absent.  