
    OAKERY v. STATE.
    (Court of Criminal Appeals of Texas.
    June 11, 1913.)
    Criminal Law (§ 1090*) — Appeai>—Record ' and Statement of Facts — Necessity.
    Where no bills of exception were reserved td the introduction of testimony, and the charge submitted the offense charged ' in the indictment,' the judgment would be affirmed, in the absence of a statement of facts.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2653, 2789, 2803-2822, 2825-2827, 2927, 2928, 2948, 3204; Dec. Dig. | 1090.*]
    Appeal from District Court, Titus County; H. F. O’Neal, Judge.
    Melvin Oakery was convicted of assault to murder, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was prosecuted and convicted of assault to murder, and his punishment assessed at two years’ confinement in the state penitentiary.

No statement of facts accompanies the record, and no bills of exception were reserved to the introduction of testimony. The charge of the court submits the offense charged in the indictment, and under such circumstances the judgment will be affirmed.  