
    (85 Tex. Cr. R. 245)
    NICOLATTE v. STATE.
    (No. 5375.)
    (Court of Criminal Appeals of Texas.
    April 23, 1919.)
    1. Criminal Law <§=>1090(7) — Appeal—Continuance.
    Application, for continuance contained in the record on appeal from conviction of robbery cannot be considered, where no statement of facts accompanies the transcript, and there was no bill .of exceptions reserved to the action of the court overruling the application.
    2. Criminal Law <§=>1090(14) — AtpeaIí—Ab-sence of Statement and Bill.
    Where no statement of facts or bill of exceptions accompanies the transcript on appeal from conviction of robbery, errors in regard to the court’s charge as given, and the refusal to give defendant’s requested instructions, cannot be considered or revised.
    Appeal from District Court, Bexar County; W. S. Anderson, Judge.
    Joseph Nicolatte was convicted, of robbery with firearms, and he appeals.
    Affirmed.
    E. A. Berry, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted of robbery with firearms, his punishment being assessed at ten years’ confinement in the penitentiary.

Application for continuance contained in the record cannot be considered: Eirst, because no statement of facts accompanies the transcript; and, seco'nd, there was no bill of exceptions reserved to the action of the court overruling the application.

The motion for new trial suggests some errors in regard to the court’s charge as given, and the refusal to give appellant’s requested instructions. In the condition of the record the matters urged in the motion for new trjal cannot be considered or revised.

The judgment is affirmed.  