BROOKS, Judge.
Appellant was convicted of an aggravated assault and his punishment assessed at a fine of $400.
This is the second appeal of this case. For former appeal see 52 Texas Crim. Rep., 48.
The Assistant Attorney-General files a motion to strike out the statement of facts on the ground that same was not filed in the court below. The motion is sustained, the record showing the accuracy of- the insistence. In the absence of statement of facts there is nothing in this record authorizing a review, and the judgment is affirmed.
Affirmed.

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