Jenkins v. State (121 S.W.2d 997, 1938)

MORROW, Presiding Judge.

The conviction is for unlawfully transporting whisky in a dry area; penalty assessed at confinement in the county jail for 90 days.

The statement of facts accompanying the record cannot be considered for the reason that it does not hear the approval of the judge before whom the case was tried. See Vernon’s Ann.Civ.St. arts. 2239, 2243; Vernon’s Ann.C.C.P. art. 760, subd. 2.The statement of facts is in question and answer form and therefore cannot be considered by this court. See art. 760, supra; also Piner v. State, 131 Tex.Cr.R. 266, 97 S.W.2d 953.

In the absence of bills of exception, as well as a statement of facts which can be considered, nothing is presented for review which would justify a reversal of the conviction.

The judgment is affirmed.