
    Jesse COLLINS v. STATE.
    (No. 9599.)
    (Court of Criminal Appeals of Texas.
    Dec. 9, 1925.)
    Appeal from Criminal District Court, Travis County; James R. Hamilton, Judge. Shelton & Shelton, of Austin, for appellant. Sam D. Stinson, State’s Atty., of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   LATTIMORE, J.

Appellant was convicted in the criminal district court of misdemeanor theft-and given a penalty of 10 months and 15 days in the county jail. The record is before us-without statement of facts or bills of exception. Appellant was on trial for a felony, but under the evidence the court correctly submitted the issue of misdemeanor theft, of which the accused was convicted. No error appearing in the record, the judgment will be affirmed.  