
    CUELLAR v. STATE.
    No. 23823.
    Court of Criminal Appeals of Texas.
    Dec. 3, 1947.
    Fred Kowalski, of Brownsville, for appellant. .
    Ernest S. Goens, State’s Atty., óf Austin, for the State.
   DAVIDSON, Judge.

Nighttime burglary of a private residence is the offense; the punishment, 99 years’ confinement in the penitentiary. ,

This case is in all respects similar to that against the appellant, 206 S.W.2d 251, this day decided. In fact, the indictment in this case appears to be an exact duplicate of that in that case and bears the same trial-court docket number'. ' Whether this is an error in the preparation of the transcript, we are not advised. At any and all events, the record in this case is regular and we are bound thereby.-

No reversible error appearing, the judgment of the triál court is affirmed.

If there was error in the preparation of the transcript in this case, appellant may seek a correction in a motion for rehearing.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court  