
    LEE v. STATE.
    (No. 7295.)
    (Court of Criminal Appeals of Texas.
    Oct. 18, 1922.)
    Criminal law <®=>1090(16)— Denial of new trial not considered where no bill of exceptions.
    Matters alleged in motion for new trial, appearing in the record, to have occurred at the trial, as argument to the jury, cannot be considered on appeal in absence of bill of exceptions complaining thereof.
    Appeal from Criminal District Court, Dallas County; Robert B. Seay, Judge.
    R. E. Lee was convicted of embezzlement, and appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the criminal district court of Dallas county of embezzlement, and his punishment fixed at two years in the penitentiary.

The record is before us without statement of facts or bills of exception. There is a lengthy motion for a new trial, in which complaint is made of many matters alleged to have transpired in the course of the trial, and especially during the argument. A part of what purports to be an address to the jury on the part of an attorney prosecuting the case is made a part of said motion. In the absence of a bill of exceptions complaining of such matters, we cannot consider them at all.

The indictment appearing to be in conformity with law, and no complaint being made of the charge of the court, no error appears, and the judgment of the trial court will be affirmed. 
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