
    CRUZ v. STATE.
    (No. 3384.)
    (Court of Criminal Appeals of Texas.
    Jan. 13, 1915.)
    1. Criminal Law (§ 1097*) — Statement of Facts — Re view .
    Where no statement of facts accompanies the record, the court cannot review the grounds alleged in the motion for a new trial.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939, 2941, 2942, 2947; Dec. Dig. § 1097.*]
    2. Criminal Law (§ 1099*) — Deprivation of Statement of Fact — Reversal.
    Where appellant’s affidavit showed that he presented to the county judge a statement of facts for his approval, that the county judge refused to approve it and failed to make out and file a statement of facts in the cause, so that it was not appellant’s fault that there was no statement of facts in the record, he was deprived of a statement of facts without negligence on his part, for which his conviction will be reversed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2866-2880; Dec. Dig. § 1099.*]
    Appeal from Frio County Court; Crawford Laxson, Judge.
    Pancho Cruz was convicted of aggravated assault, and he appeals.
    Reversed and remanded.
    C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was convicted of aggravated assault, and prosecutes this appeal.

No statement of facts accompanies this record; and, under such circumstances, we cannot review the grounds alleged in the motion for a new trial.

However, the affidavit of appellant’s counsel accompanies the record, and he swears that—

“he presented to the county judge a statement of facts, duly made out for his approval^ and. that the county judge refused to approve same, stating he did not care to sign it, and that the county judge has failed to make out and file a statement of facts in this cause; that it is in no way the fault of defendant or his counsel that a statement of facts does not accompany the record, but such fact is wholly due to the failure and refusal of the county judge to act in the premises.”

Under this showing it appears that appellant has been deprived of a statement of facts witliout negligence on his part, and under such circumstances he is entitled to a reversal of his case.

The judgment is reversed, and the cause remanded.  