
    BURKS v. STATE.
    (No. 4019.)
    (Court of Criminal Appeals of Texas.
    April 5, 1916.)
    1. Obiminal Law <&wkey;1094,1101 — Appeal and Error — Statement op Facts and Bills op Exception — Necessity.
    On appeal from a conviction, where the statement of facts does not accompany the record, and no bills of exception were reserved, the judgment will be affirmed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2807, 3204; Dec. Dig. <§=» 1094, 1101.]
    2. Criminal Law &wkey;>1122(4) — Record on Appeal — Review op Instructions — Evidence Not Shown.
    The court cannot review the refusal of instructions in the absence of the evidence.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2942; Dec. Dig. <&wkey;>1122(4).]
    Appeal from Criminal District Court, Dallas County; W. L. Crawfoi’d, Jr., Judge.
    Howard Burks was convicted of aggravated assault, and he appeals.
    Judgment affirmed.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   DAVIDSON, J.

Appellant was convicted of aggravated assault, his punishment being assessed at a fine of $25.

The statement of facts does not accompany this record, nor were bills of exception reserved. There are refused instructions; but, in the absence of the testimony, we are unable to say there was any error shown in refusing these instructions.

In the condition of this transcript, the judgment will be ordered affirmed.  