
    MORGAN v. STATE.
    (Court of Criminal Appeals of Texas.
    Dec. 11, 1912.)
    Criminal Law (§ 1097*) — Record —Questions Reviewable — Refusal of Instructions.
    Where the record on appeal from a conviction of murder in the first degree contains no statement of facts, the refusal to submit a lesser degree in the charge cannot be reviewed on appeal.
    [Ed. Note. — Por other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939, 2941, 2942, 2947; Dec. Dig. § 1097.*]
    Appeal from Criminal District Court, Dallas County; Barry Miller, Judge.
    Prank Morgan was convicted of murder in the first degree, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was prosecuted and convicted of murder in the first degree, and his punishment assessed at life imprisonment in the penitentiary.

The record is before us without a statement of facts. The appellant in his motion for new trial complains that the court should have submitted the lesser degree of murder than murder in the first degree in his charge. Without a statement of facts we cannot determine whether this should have been done or not; but from the nature of the offense, murder in an attempt to rob, we are inclined to think, if the facts were before us, we would hold that the court properly only submitted murder in the first degree.

There are many other grounds in the motion for new trial; but, in the condition the record is in, nothing is presented for us to review.

The judgment is affirmed.  