
    GONZALES v. STATE.
    (No. 5332.)
    (Court of Criminal Appeals of Texas.
    March 5, 1919.)
    Criminal Raw <&wkey;1124(3) — Review — Matters Depending upon Facts.
    Matters presented by motion for new trial cannot be reviewed in the absence of the testimony, where they relate to and depend upon the facts.
    Appeal from Criminal District Court, Cameron County; Walter E. Timón, Judge.
    Porfirio Gonzales was convicted of receiving and concealing stolen property, and he appeals.
    Affirmed.
    E. A. Berry, Asst. Atty. Gen., for the State.
   DAVIDSON, P.' J.

Appellant was convicted of receiving and concealing stolen property, his punishment being assessed at two years’ confinement in the penitentiary.

There were two special charges asked, one of which was given and the other refused. The other matters presented by the motion for new trial cannot be reviewed without the testimony, as they relate to and depend upon the facts. The evidence is not before the court; it does not accompany the transcript.

The judgment is affirmed. '  