
    Tobe Williams v. The State.
    
      No. 4997.
    
    Decided April 17, 1918.
    Murder—Death. Penalty—Motion for Hew Trial.
    Where, upon an appeal from a conviction of murder assessing the death penalty, the two grounds of the motion for new trial relating to questions off fact were in no way verified, the judgment must be affirmed in the absence of aJ statement of facts and bills of exception.
    Appeal from the District Court of Wharton. Tried below before the: Hon. Sam’l J. Styles.
    Appeal from a conviction of murder; penalty, death.
    The opinion states the case.
    No brief on file for appellant. .
    
      E. B. Hendricks, Assistant Attorney General, for the State.
   DAVIDSON, Presiding Judge.

This is a death penalty conviction! for murder. The record is before us without statement of facts or bill of exceptions. The two grounds of the motion for new trial relate to questions of fact, but are in no way verified. The matters are stated! as grounds in the motion for new trial, but there is nothing in the record to support either ground, the facts bearing upon these questions not having been prepared and sent with the record. i

The judgment, therefore, will be affirmed.

Affirmed.

PREHDERGAST, Judge, absent.  