
    LEE v. STATE.
    (No. 4428.)
    (Court of Criminal Appeals of Texas.
    April 4, 1917.)
    Criminal Law &wkey;>1090(16)—Appeal—Dispo-sition.
    In criminal prosecution, where the record contains no statement of facts or bill of exceptions, and the matters set out in the motion for new trial cannot be considered in the absence of such statement or bill, the judgment must be affirmed.
    [E'd. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 2822, 2948, 3204.]
    • Appeal from District Court, Lamar County; Ben H. Denton, Judge.
    George Lee was convicted of assault with a pjstol, and he appeals.
    Affirmed.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted of an assault by the use of a pistol, which was then and there a prohibited weapon, as it is termed. The jury allotted him a term of two years’ confinement in the penitentiary.

The record is before us without a statement of facts or bill of exceptions. The matters set out in the motion for new trial are such that they cannot be considered in the absence of a statement of facts, and some of them cannot be reviewed without bills of exception, especially the question which relates to the argument of state’s counsel. There is nothing with reference to this argument except the statement in the motion for new trial.

As this record is presented to us, the judgment must be affirmed, and it is accordingly so ordered. 
      <fes>For other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     