Neal v. State

DICE, Commissioner.

The conviction is for aggravated assault upon a child; the punishment, one hundred eighty days in jail.

The purported statement of facts found in the record contains the testimony of one witness, called by the state, but the agreement of counsel reflects that it does not include all the testimony adduced at the trial.

In the absence of a complete statement of facts containing all the evidence adduced upon the trial, we cannot pass upon appellant’s complaint to the court’s charge. Bailey v. State, 170 Tex.Cr.R. 448, 342 S.W.2d 338; Booker v. State, 171 Tex.Cr.R, 667, 352…