
    SPOHN v. STATE.
    (No. 4968.)
    (Court of Criminal Appeals of Texas.
    April 3, 1918.)
    1. Cbiminal Law <®=»1090(14) — Record—Necessity fob Statement op Facts — Instructions.
    In the absence of bill of exceptions and statement of facts, alleged errors in refusing instructions cannot be determined.
    
      2. Criminal Law <§=1090(16) — Record—Necessity of Reserved Exceptions.
    In absence of bill of exceptions and statement of facts, grounds of motion for new trial cannot be considered.
    Appeal from Criminal District Court, Dallas County; C. A. Pippen, Judge.
    Ernest Spolm was convicted of rape, and appeals.
    Affirmed.
    E. B. Hendricks, Asst. Atty. Gen., for tlie State.
   DAVIDSON, P. J.

Appellant was convicted of rape, his punishment being assessed at five years’ confinement in the penitentiary.

The record contains neither a statement of facts nor bill of exceptions. There were four special charges refused. In the absence of the evidence we are unable to determine whether the court erred in refusing them. The grounds of the motion for new trial cannot be considered.

For want of the testimony and reserved exceptions, the judgment will be affirmed.  