
    CHAPPELL v. STATE.
    (No. 6680.)
    (Court of Criminal Appeals of Texas.
    Feb. 15, 1922.)
    Criminal law <@=31090(14, 19) — In absence of statement of facts or bills of exceptions, instructions not considered and recitals of special charge cannot be taken as evidencing errors.
    Where on appeal the record is without statement of facts or bills of exceptions, a special charge asking that the jury be instructed not to consider certain argument of the state’s attorney presents no error, and the recitals of the special charge could not be taken as evidencing error.
    Appeal from District Court, Kaufman County; Joel R. Bond, Judge.
    John Chappell was convicted of murder, and he appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen.; for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Kaufman county of the offense of murder, and his punishment 'fixed at' confinement in the penitentiary for 20 years.

The record is before us without statement of facts or bill of exceptions. The indictment charged murder by the use of firearms in the usual form. The charge of the court submitted murder, manslaughter, and self-defense in accordance with what seems to be settled procedure. A special charge asking that the jury be instructed not to consider certain argument of the state’s attorney presents no error upon which we can base any conclusion in the absence of a statement of the facts necessary in order that such error might appear. The recitals of the special charge itself cannot be taken as evidencing error in the absence of a bill of exceptions setting forth the surroundings, or such statement of facts as would make it appear erroneous.

Finding no error in the record, the judgment of the lower court will be affirmed.  