
    GUMPERT v. STATE.
    (No. 6163.)
    (Court of Criminal Appeals of Texas.
    March 23, 1921.)
    Criminal law <§=^1097(5) — Exceptions for failure to give special charges require a statement of facts for review. '
    Bills of exceptions upon a criminal appeal, complaining of the failure of the court to give special charges, require a statement oj: facts for their consideration.
    Appeal from District Court, McLennan County; Richard I. Munroe, Judge.
    L. W. Gumpert was convicted of passing a forged instrument, and he appeals.
    Affirmed.
    James E. Yeager, of Waco, for appellant.
    C. M. Cureton, Atty. Gen., and C. L. Stone, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Appellant was convicted of passing a forged instrument, and his punishment assessed at two years’ confinement in the penitentiary. This is a companion case to those of Nos. 6164 and 6162, 229 S. W. 330, and 229 S. W. 329, decided by this court upon last opinion day.

Appellant was charged in .this case with forgery and passing a forged check purporting to be drawn by C. A. Morris. The indictment complies with the law. There is no statement of facts. There are some bills of exceptions appearing in the record in this case complaining of the failure of the court to give certain special charges. They are pra'ctically identical with the charges requested in cause No. 6162, decided heretofore by this court, and, if they could be considered in the absence of a statement of facts, the questions raised have already been decided adversely to the contention of appellant in the opinion in No. 6162, to which reference is made.

Finding no error in the record, the judgment is affirmed. 
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