¶2The offense is aggravated assault; the punishment, a fine of $250.00.
¶3Notice of appeal was given on February 16, 1965. The purported statement of facts approved by appellant’s counsel and no one else was filed later in 1965.
¶4This appeal, which did not reach this Court until May 17, 1968, is controlled by the statutes in effect prior to the effective date of the 1965 Code of Criminal Procedure (January 1, 1966). Art. 759a, Sec. 1, subd. E and Sec. 7, in effect at the time, precludes this Court’s consideration of this statement of facts. Dartez v. State of Texas, Tex.Cr.App., 367 S.W.2d 334.
¶5No Bills of Exception appear in the record and the proceedings appear regular.
¶6The judgment is affirmed.