
    BURRAGE v. STATE.
    (No. 4609.)
    (Court of Criminal Appeals of Texas.
    Oct. 17, 1917.)
    Criminal Law &wkey;>1182 — Appeal — Record —Review.
    Where the record contains no statement of facts proved and no evidence, and the bills of exception reserved to the court’s charge cannot be revised, and grounds for motion for a new trial cannot be intelligently revised without the testimony, a conviction will be affirmed.
    Appeal from District Court, Collin County; C. T. Freeman, Judge.
    R. W. Burrage was convicted of crime, and he appeals.
    Affirmed.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convict-

ed of assault to murder; his punishment being assessed at two years’ confinement in the penitentiary.

The record does not contain a statement of the facts proved on the trial. The bills of exception reserved to the charge given by the court cannot be intelligently revised in the absence of the testimony. The grounds of the motion for new trial, without the evidence before us, cannot be revised, and the judgment will be affirmed.  