
    HILL v. STATE.
    (No. 3269.)
    (Court of Criminal Appeals of Texas.
    Oct. 21, 1914.)
    Criminal Law (§ 1124*) — Appeal—Presentation for Review.
    Motions for new trial, based on" the insufficiency of the evidence to bring defendant within the indictment, could not be reviewed by the appellate court, where the evidence was not in the record.
    [Ed. Note. — Por other cases, see Criminal Law, Cent. Dig. §§ 2939, 2946-2948; Dec. Dig. § 1124.*]
    Appeal from District Court, McLennan County; Richard I. Munroe, Judge.
    Wilson Hill was convicted of assault with intent to murder, and appeals,
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   DAVIDSON, J.

Appellant was convicted of assault with intent to murder; his punishment being assessed at nine years’ confinement in the penitentiary.

The record contains neither bills of exception nor statement of facts. The motions for new trial, both original and amended, are based upon the insufficiency of the evidence to bring the appellant within the allegations of the indictment. The evidence not being before us, we are unable to decide that question.

The judgment must be affirmed.  