
    GREEN v. STATE.
    (Court of Criminal Appeals of Texas.
    May 15, 1912.
    Rehearing Denied June 12, 1912.)
    Criminal Law (§ 1097*) — Review—Statement of Facts.
    Refusal of a requested charge and the charge given cannot be considered on appeal, in the absence of a statement of facts, where the charge given was applicable to a state of facts provable under the indictment.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939; 2941, 2942, 2947; Dec. Dig. § 1097.*]
    Appeal from Criminal District Court, Dallas County; Robert B. Seay, Judge.
    Jack Green was convicted of burglary, and he appeals.
    Affirmed.
    
      G. Q. Youngblood, of Dallas, for appellant. C. E. Lane, Asst. Atty. Gen., for tlie State.
   PRENDERGAST, J.

Appellant was convicted of burglary, and Ms penalty fixed at three years in the penitentiary. There is no statement of facts, neither is there any bill of exceptions. The case was tried on September 25, 1911. The court adjourned on September 30th.

Appellant, in his motion for new trial only, complains of the refusal of the court to giv one special charge he requested. He also complains of the charge of the court in several particulars. But none of these matters can be considered by this court without a statement of facts. The court gave a charge that could clearly have been applicable to a statement of facts under the allegations of the indictment. With the record as it is, we must presume that the charge and judgment of the court is in every way correct.

The judgment will therefore be affirmed.  