
    Earnest EWELL v. STATE.
    (No. 9022.)
    (Court of Criminal Appeals of Texas.
    Dec. 17, 1924.
    Rehearing Denied Jan. 14, 1925.)
    Appeal from District Court, Cherokee County; L. D. Guinn, Judge.
    Miller & Miller, of Athens, for appellant. Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   LATTIMORE, J.

Appellant was convicted upon his trial in the district court of Cherokee county, under an indictment for murder, of the offense of aggravated assault, and his punishment fixed at 18 months in the penitentiary. Appellant was indicted for killing one Jessie Green by striking him with a baseball bat, and upon the trial and under the charge of the learned trial judge the jury found him guilty, and assessed his penalty as above indicated. We find in the record no bills of exception or statement of facts. The indictment is in conformity with law, and the charge of the court correctly .submits the issues, and, there being no error apparent in the record, an affirmance will be ordered.  