RAY v. STATE.
(Court of Criminal Appeals of Texas.
June 27, 1913.)
1. Indictment and Information (§ 125)— Statutory Oeeenses — Joinder oe Oe-eenses.
In a statutory misdemeanor ease the information may allege the offense to have been committed in all the ways named in the statute, though it may be better to divide the information into separate and distinct counts.
[Ed. Note. — Eor other cases, see Indictment and Information, Cent. Dig. §§ 334-400; Dec. Dig. § 125.]
2. Criminal Law (§ 1097) — Appeal—Statement oe Facts — Motion eor New Trial-Review.
Questions raised in the motion for new trial are not reviewable in the absence of a statement of facts.
[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939, 2941, 2942, 2947; Dec. Dig. § 1097.]
Appeal from Orange County Court; O. R. Sholars, Judge.
Turk Ray was convicted of crime, and he appeals.
Affirmed.
C. E. Lane, Asst. Atty. Gen., for the State.
HARPER, J.
[1] In one count the information charges the offense denounced by article 557 of Code Cr. Proe. 1911 to have been committed in all the ways denounced therein, except there is no allegation that the betting was done at a gaming table or bank. It would have been better to have divided the information into separate and distinct counts, but in a misdemeanor we understand our decisions hold that an information may allege the offense to have been committed in all the ways named.
[2] The information being sufficient, and no statement of facts accompanying the record, no question is raised in the motion for new trial we can review.
The judgment is affirmed.