
    PRICE v. STATE.
    (Court of Criminal Appeals of Texas.
    March 5, 1913.)
    CRIMINAL Law (§ 1090) — Appeal—Presentation Below.
    Where a ground of a motion for new trial, that accused was induced by his father to plead guilty upon representations made to him and his father by the county attorney that he would receive the lightest punishment, was not preserved in a bill of exceptions, and the record did not sustain such contention, the judgment ■of conviction will be affirmed.
    [Ed. Note. — Eor other cases, see Criminal Law, Cent. Dig. §§ 2653, 2789, 2803-2822, 2825-2827, 2927, 2948, 3204; Dec. Dig. § 1090.]
    Appeal from Haskell County Court; A. J. Smith, Judge.
    Ferris Price was convicted of aggravated .assault, and appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig! & Am. Dig. Key-No. Series & Rep’r Indexes
    
   DAVIDSON, P. J.

This is a conviction for aggravated assault. The statement of facts is not incorporated in nor accompanies the record, nor does the record contain any bill of exceptions.

The motion for new trial sets up the fact, first, that appellant pleaded guilty on the advice of his father, and that his father induced appellant to plead guilty on the representation of the county attorney, and that by such representation they were both induced to believe defendant would receive the lowest punishment. This is not verified in any manner. It is signed, however, by defendant through his counsel. The record does not contain any evidence introduced in support of the allegation, nor was any bill of exception reserved verifying the matter mentioned. The same may be said about the allegations contained in the second ground of the motion.

The judgment is affirmed.  