Opinion
No. 20592.
Delivered November 22, 1939.
1. — Statement of Facts — Approval of Trial Judge.
A statement of facts accompanying the record must be approved by the judge, who tried the case, in order to be considered by the appellate court.
2. — Appeal — Affirmance.
Judgment affirmed where statement of facts, accompanying the record, fails to bear the approval of the trial court, and no complaints of the rulings of the trial court are presented by bills of exception.
Appeal from County Court of Denton County. Hon. Geo. P. Elbert, Judge.
Appeal from conviction for aggravated assault; penalty, fine of $50 and confinement in the county jail for one year.
Affirmed.
The opinion states the case.
R. B. Gambill, of Denton, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for aggravated assault; penalty assessed at a fine of $50.00 and confinement in the county jail for one year.
The statement of facts accompanying the record fails to bear the approval of the judge who tried the case. The rule is well settled that the statement of facts must be approved by the trial judge in order to be considered by the appellate court. See Art. 760, subd. 2, C. C. P., Arts. 2239 and 2243, R. S., 1925; Tex. Jur. Vol. 4, p. 419, Sec. 287; also Gunn v. State, 114 S.W.2d 903, and cases cited.
No complaints of the rulings of the trial court have been presented by bills of exception.
No error appearing from the record, the judgment of the trial court is affirmed.