
    Loss SMITH v. STATE.
    (No. 9845.)
    (Court of Criminal Appeals of Texas.
    Oct. 21, 1925.)
    Appeal from District Court, Lamar County; Geo. P. Blackburn, Judge.
    Wyatt Baldwin, of Paris, for appellant. Sam D. Stinson, State’s Atty., of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   HAWKINS, J.

Conviction is for rape upon a female under the age of consent, punishment being fixed at confinement in the penitentiary for five years. No statement of facts is found in the record. The only exception is one reserved to a refusal of the court to give a special charge instructing the jury that certain named parties were accomplices. It is manifest that, without the statement of facts tjefore us, it is impossible to appraise the merits of this requested instruction.. No error appearing from the record, the judgment is affirmed.  