
    JONES v. STATE.
    (No. 3574.)
    (Court of Criminal Appeals of Texas.
    June 2, 1915.)
    1. Ceiminal Law >&wkey;1099 — Appeal—Statement oe Pacts.
    A writing contained in the record in a criminal case, but signed by no one, cannot be considered as a statement of facts.
    [Ed. Note. — Por other cases, see Criminal Law, Cent. Dig. §§ 2866-2880; Dee. Dig. <S=> 1099.]
    2. Criminal Law i&wkey;1097 — Appeal — Presentation eor Review — Statement oe Pacts.
    In the absence of a statement of facts on appeal in a criminal case, a bill of exceptions, complaining of the overruling of an application for a second continuance, cannot be reviewed.
    [Ed. Note. — Por other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939, 2941, 2942, 2947; Dec. Dig. &wkey;1097.]
    Appeal from District Court, Gonzales County; M. Kennon, Judge.
    Ivey Jones was convicted of murder, and appeals.
    Affirmed.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   PRENDERGAST, P. J.

Appellant was convicted of murder, and his punishment assessed at 25 years’ confinement in the penitentiary.

There is no statement of facts with the record. What may have been intended as the basis for a statement of facts is found with the record. It is signed by no one, not even a stenographer, by the attorneys for neither side, nor by the presiding judge. Hence it cannot be considered as a statement of facts.

There are only two bills of exceptions in the record. One is to the court’s overruling of the application for a second continuance. This cannot be reviewed, in the absence of a statement of facts. The other bill is to the court’s refusing to sustain his challenge of a certain juror. This, even if we could consider it in the absence of a statement of facts, shows no error in the court’s ruling.

The judgment is therefore affirmed.  