
    RAY v. STATE.
    (No. 6293.)
    (Court of Criminal Appeals of Texas.
    May 25, 1921.)
    Criminal law 109'(3)— Appeal dismissed in absence of compliance with law.
    Where a transcript is not certified to by the clerk and the bills of exceptions are not approved by the judge, and the statement of facts is neither signed by the attorneys nor the judge, an appeal must be dismissed without passing upon the merits, under Code Or. Proc. 1911, art. 929; Rev. St. 1911, art. 2114.
    Appeal from District Court, Wichita County; H. P. Weldon, Judge.
    Floyd Ray was convicted of rape, and appeals.
    Appeal dismissed.
    R, H. Hamilton, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Appellant was convicted for the offense of rape, and his punishment assessed at death.

The record reaches this court in a most peculiar condition. The transcript is not certified to by the clerk; the only two bills of exceptions shown in the record are not approved by the judge, and the statement of facts is neither signed by the attorneys nor the judge.

While it is unsatisfactory to the court to dispose of a case of this magnitude without an opportunity of passing upon the merits of the case, yet there is nothing to be done in this case except order a dismissal of the appeal for a failure to comply with the law; and it is so ordered. Article 929, C. C. P., 1911; article 2114, R. S. 1911.  