301 S.W.2d 914 (Tex.Crim.App. 1957)
Noe C. FLORES, Appellant,
v.
The STATE of Texas, Appellee.
No. 28852.
Court of Criminal Appeals of Texas.
March 6, 1957
On Motion to Reinstate Appeal April 10, 1957.
William Lawrence Scarborough, Corpus Christi, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for driving a motor vehicle upon a public highway while intoxicated; the punishment, one year in jail and a fine of $250.
It is recited in the information that the same is presented upon the written affidavit of Howard Edwards but the affidavit mentioned is not found in the record. Before the case may be considered by this Court, the affidavit upon which the information is based must appear in the record. Justice v. State, 134 Tex.Cr.R. 299, 115 S.W.2d 922.
The appeal is dismissed.
Opinion approved by the Court.
On Appellant's Motion to Reinstate Appeal
PER CURIAM.
The record has been perfected by the filing of a supplemental transcript.
The motion to reinstate the appeal is granted. The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review.
The judgment is affirmed.