
    Joe LOWERY v. STATE.
    (No. 9754.)
    (Court of Criminal Appeals of Texas.
    Oct. 14, 1925.
    Rehearing Denied Nov. 11, 1925.)
    Commissioners’ Decision. Appeal from Criminal District Court, Dallas County; Felix D. Robertson, Judge.
    Mays, Chaney & Dailey, of Dallas, for appellant. Shelby S. Cox, Or. Dist. Atty., of Dallas, and Sam D. Stinson, State’s Atty.,' of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State..
   BAKER, J.

The appellant was convicted in the criminal district court of Dallas county for the offense of unlawfully manufacturing intoxicating liquor and his punishment assessed at one year in the penitentiary. The record is before us without a statement of facts, bills of exception, or brief by the appellant. The record shows that the indictment correctly charges the offense, and the court properly submitted the law applicable thereto, and, there being no error shown, the judgment of the trial court is therefore affirmed.

PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.

On Motion for Rehearing.

MORROW, P. J.

Appellant insists that the evidence does not support the verdict. As stated in the original opinion, the evidence is not before this court. In the absence of a statement of facts, this court must presume that the evidence before the trial court supports the verdict. The motion is overruled.  