
    SMITH v. STATE.
    (No. 8634.)
    (Court of Criminal Appeals of Texas.
    April 9, 1924.)
    Criminal law <§=»l 144(10) — Where record contains no statement of facts, argument of prosecutor assumed to be based on evidence.
    Where the record on appeal from conviction of misdemeanor contains no statement of facts, the court will assume that the prosecutor’s argument charging defendant to be a professional shoplifter was a conclusion drawn from evidence.
    &wkey;airor other eases see same topic and KE3T-NUMBER in all Key-Numbered Digests and Indexes
    Appeal from Tarrant County Court at Law; P. W. Seward, Judge.
    Rebecca Smith was convicted of a misdemeanor, and she appeals;
    Affirmed.
    
      Tom Garrard, State’s Atty., and Grover O. Morris, Asst. State’s Atty., both of Austin, for the State.
   HAWKINS, J.

Conviction is for misdemeanor theft, with a punishment of 10 days in the county jail and a fine of $25.

There were no objections to the court’s charge, and the record is without a statement of facts. Only one bill of exceptions is found in the record. During the argument of the assistant district attorney he said, “From the way she operated this defendant is a professional shoplifter.” Objection was interposed to this argument because inflammatory and not supported by the' evidence. In the absence of the facts proven, it is impossible for us to appraise the worth of this bill. It appears that the prosecuting officer was stating his conclusion, and without the facts we must assume that the conclusion was drawn from the evidence.

No error appearing from the record, an af-firmance of the judgment is ordered.  