Appellant was convicted for the offense of rape, and his punishment assessed at death.

The record reaches this court in a most peculiar condition. The transcript is not certified to by the clerk; the only two bills of excep-. tion shown in the record are not approved by the judge, and the statement of facts is neither signed by the attorneys nor the judge.

While-it is unsatisfactory to the court to dispose of a case of this magnitude without an opportunity of passing upon the merits of the case, yet, there is nothing to be done in this case except order a dismissal of the appeal for a failure to comply with the law, and it is so ordered. Art. 929, C. C. P. 1911; Art. 2114, R. S. 1911.

Dismissed.