
    Jesse Collins v. The State.
    No. 9599.
    Delivered December 9, 1925.
    Theft, a Misdemeanor — No Statement of Facts — No Bills of Exception.
    This case is before us without either a statement of facts, or bills of exception. Under a charge of felony theft, the jury returned a verdiet of a misdemeanor theft. No error appearing the judgment is affirmed.
    Appeal from the Criminal District Court of Travis County. Tried below before the Hon. Jas. R. Hamilton, Judge.
    Appeal from a conviction of misdemeanor theft, penalty ten months and fifteen days in jail.
    
      Shelton & Shelton, of Austin, for appellant.
    
      Sam D. Stinson, State’s Attorney, and Nat Gentry, Jr., Assistant State’s Attorney, for the State.
   LATTIMORE, Judge.

Appellant was convicted in the Criminal District Court of misdemeanor theft and given a penalty of-ten months and fifteen days in. the county jail.

The record is before us without statement of facts or bills of exception. Appellant was on trial for a felony but under the evidence the court correctly submitted the issue of misdemeanor theft of.which accused was convicted.

No error appearing in the record, the judgment will be affirmed.

Affirmed.  