
    P. K. Newell v. The State.
    No. 18742.
    Delivered January 27, 1937.
    The opinion states the case.
    
      Harold H. Young, of Dallas, for appellant.
    
      Lloyd W. Davidson, State’s Attorney, of Austin, for the State.
   LATTIMORE, Judge.

Conviction for establishment of a lottery under the name and description of an ace marble machine and the disposition of personal property by means of same; punishment, a fine of $100.00.

There are no bills of exceptions in this record. We regard the facts as sufficient to show the guilt of the accused. We find accompanying the record a motion to dismiss the appeal made, however, only by the attorney for the appellant. We can not grant a motion for dismissal unless same be signed and sworn to by the accused.

The motion to dismiss is overruled, and the judgment is affirmed.

Affirmed.  