
    J. P. Harris v. The State.
    No. 4457.
    Decided May 2, 1917.
    Swindling — Statement of Facts — Bills of Exception.
    In the absence of a statement of facts or bill of exceptions, the overruling of a motion for a continuance can not be reviewed.
    Appeal from the County Court at Law Ho. 3 of Harris. Tried below before the Hon. Murray B. Jones.
    Appeal from a conviction of swindling; penalty, a fine of twenty-five dollars.
    The opinion states the case.
    No brief on file for appellant.
    
      E. B. Hendricks, Assistant Attorney General, John H. Crooker, and E. T. Branch, for the State.
   DAVIDSON, Presiding Judge.

Appellant was convicted of swindling and his punishment assessed at thirty days in tail in addition to a fine of $35.

The record is before us without a statement of facts or bill of exceptions. There is nothing in the motion for a new trial that can be considered in the absence of evidence. There is a motion for a continuance in the record, but a bill of exceptions was not reserved to the court’s refusal to grant it. Therefore, it can not be considered.

The judgment is affirmed.

Affirmed.  