
    No. 10,639.
    State of Louisiana vs. Pierre Bertin.
    When the record contains no hill of exception, motion in arrest of judgment, or assignment of errors, and there is no error on the face of the record, the verdi and judgment will not be disturbed.
    APPEAL from the Criminal District Court for the Parish of Orleans. Balcer, J.
    
    
      Walter R. Rogers, Attorney General, for the State, Appellee:
    If the record contains neither a bill of exceptions, motion in arrest of judgment assignment of error or error patent on its face, the judgment appealed from will be affirmed. 11 An. 328.
    Application for new trial must be sworn to. 37 An. 1.
    The evidence upon which a motion for anew trial was denied by the court below can not be considered an appeal, unless brought up by a bill of exceptions. 39 An. 780 ; 38 An. 581.
    
      John G. McMahon for Defendant and Appellant.
   The opinion of the court was delivered by

McEnbry, J.

The accused was convicted of entering a store in the night time, without breaking, and of grand larceny, and sentenced to twelve years’ imprisonment in the penitentiary. He has appealed from the verdict and sentence.

There is no bill of exception, motion in arrest of judgment, or an assignment of errors in the record. There are no errors to be found on the face of the record, after an inspection of the same, that would entitle the accused to relief.

The motion for a new trial is not sworn to, and there is no question of law brought up in a bill of exceptions which we can consider in connection therewith.

The judgment appealed from in such a case will not be disturbed. State vs. Sweeney, 137 Hu., p. 1; State vs. Deas, 38 An. 581; State vs. Davis & Fletcher, 41 An. 328; State vs. Tranchon, 41 An. 619.

Judgment affirmed.  