
    R. R. ABER v. STATE.
    (No. 9946.)
    (Court of Criminal Appeals of Texas.
    March 3, 1926.
    Rehearing Denied April 7, 1926.)
    Appeal from District Court, Carson County; W. R. Ewing, Judge.
    Culwell & Culwell, of Amarillo, for appellant.
    J. A. Holmes, Dist. Atty., of Miami, 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 the unlawful manufacture of intoxicating liquor, with punishment fixed at confinement in the penitentiary for one year and a day. . The record is before us without statement of facts or bills of exception. The indictment charges an offense. No question is presented for review. The judgment is affirmed.

On Motion for Rehearing.

Although the original opinion expressly states that no statement of facts is in the record, a motion for rehearing is filed, in which the contention is made that the evidence does not support the verdict. Without the evidence before us the contention is futile. 'No reference is made in the motion to the condition of the record. The motion is overruled.  