
    ALLEN v. STATE.
    (Court of Criminal Appeals of Texas.
    Dec. 17, 1913.
    Rehearing Denied Jan. 14, 1914.)
    Criminal Law (§§ 1092, 1099)—Statement •- ojt Facts—Bills or Exceptions—Approval.
    A statement of facts and bills of exceptions, not approved by the judge trying the case, but by his successor, cannot be considered on appeal.
    [Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 2803, 2829, 2834-2861, 2866-2880, 2919; Dec. Dig. §§ 1092, 1099.]
    Appeal from Criminal District Court, Dallas County; W. L. Crawford, Jr., Judge.
    Charlie Allen was convicted of murder in the second degree, and he appeals.
    Affirmed.
    W. W. Nelms, of Dallas, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No- Series & Rep’r Indexes
    
   PRENDERGAST, P. J.

The appellant appeals from a conviction of murder in the second degree, with a penalty of 25 years fixed as his punishment.

The case was tried in the lower court and the proceedings had before Judge Barry Hil-ler while he was judge of that court. There is in the record what purports to be a statement of facts and bills of exceptions, approved long afterwards by Judge Crawford, his successor, instead of by him. This case is in precisely the same condition as the case of Will Porter v. State, 160 S. W. 1194, from Dallas county, recently decided, but not yet officially reported. Upon motion of the Assistant Attorney General, and on authority of that case and Richardson v. State, 158 S. W. 517, and the statute, the said purported statement of facts and bill of exceptions herein are struck out and cannot be considered. Without them, there is no question raised which can be reviewed.

The judgment is affirmed.  