
    FENNELL v. STATE.
    (No. 6505.)
    (Court of Criminal Appeals of Texas.
    Dec. 14, 1921.)
    1. Criminal law <&wkey;1077 — Affidavit of inability to pay will entitle accused to a statement of facts.
    An affidavit of an accused that he was unable to pay for the statement of facts or give security therefor, if filed in time and called to the attention of the trial judge, would have entitled him to a statement of facts, under Code Cr. Proc. 1911, art. 845a.
    2. Criminal law <§=»1077 — Affidavit of poverty, not called to attention of trial judge, held . not to require reversal.
    Judgment of conviction will be affirmed, where the indictment is regular, and the record contains neither statement of facts nor bill of exceptions, notwithstanding the fifing of an affidavit stating that appellant was unable to pay for the statement of facts or give any security therefor, where there is nothing in the record to show that the affidavit was called to the attention of the trial judge, or request made for extension of time in which to file the statement of facts.
    Appeal from District Court, Guadalupe County; M. Ivennon, Judge.
    Matt (Nat) Pennell was convicted of an assault with intent to rape, and appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The conviction is for an assault with intent to rape; punishment fixed at confinement in the penitentiary for a period of fifty years.' The indictment is regular, and the record contains neither statement of facts nor hill of exceptions.

An affidavit stating that the appellant was unable to pay for the statement of facts or give security therefor was filed on the 16th day of June, 1921., Such an affidavit, if filed in time and called- to the attention of the trial judge, would have entitled appellant to a statement of facts. Code Crim. Proc. art., 845a; Ex parte Eread, 83 Texas Cr. R. 466, 204 S. W. 113. The term of court at which the appellant was convicted expired on the 17th day of May. There is nothing in the record to show that the appellant’s affidavit mentioned was called to the attention of the trial judge, or any request was made for an extension of time in which to file the statement of facts.

We find no error in the record.' The judgment is therefore affirmed.  