
    BLACK v. STATE.
    (Court of Criminal Appeals of Texas.
    June 18, 1913.)
    Criminal Law (§ 1144*) — Appeal—Presumption — Facts Not Shown by Record.
    In a prosecution for crime, where the court in overruling a motion for a new trial, based on the improper conduct of a juror and supported by an affidavit which is denied by the affidavit of the juror, states that he heard the evidence, the appellate court will presume that the trial court acted properly, in the absence of the evidence upon which he based his ruling.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2736-2764, 2766-2771, 2774t-2781, 2901, 3016-3037; Dec. Dig. § 1144.*]
    Appeal from District Court, Harrison County; H. T. Lyttleton, Judge.
    Tom Black was convicted of crime, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER J.

The indictment in this case is drawn in terms frequently approved by this court, and the court did not err in overruling the motion in arrest of judgment. There is no statement of facts nor any bill of exception accompanying the record. There is an affidavit attached to the motion alleging the improper conduct of one juror. The state contests this and files the affidavit of the juror. The court in overruling the motion for new trial states he heard the evidence. This evidence is not brought forward in the record before us, and we must presume the court acted properly.

The judgment is affirmed.  