
    JARAMILLO v. STATE.
    (No. 7381.)
    (Court of Criminal Appeals of Texas.
    Dec. 20, 1922.)
    Criminal law <&wkey;!090(!6) — Bill of exceptions to overruling of motion for new trial must be reserved' to obtain review of question raised thereon.
    To review a question presented on the hearing of a motion for new trial, a bill of .exceptions must be reserved to the overruling of the motion.
    Appeal from District Court, Bexar County; S. G. Tayloe, Judge.
    Marcelino Jaramillo was convicted of rape, and he appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Appellant was convicted for rape upon a female under 15 years of age. Punishment was assessed at 10 years in the penitentiary. ,

The record contains no bills of exception, and no statement of facts upon the main trial. It is. alleged in the motion for a new trial that one of the jurors discussed appellant’s failure to testify. This one jur- or .only was called to testify upon hearing of the motion. No bill of exceptions is reserved to the action of the court in overruling same. This is necessary to obtain a review of the question in this court. Branch’s Ann. P. C. § 572. However, the statement of facts in the record upon the issue of misconduct of the jury fails to support the averments in the motion.

Finding no error in the record, the judgment is affirmed.  