
    LEWIS v. STATE.
    (No. 5806.)
    (Court of Criminal Appeals of Texas.
    April 28, 1920.)
    Criminal law <&wkey;>l097(5) — Failure to charge on circumstantial evidence not reviewable, in absence of statement of facts.
    Absence of statement of facts renders it impossible for Court of Criminal Appeals to know whether defendant’s complaint of trial court’s failure to charge on circumstantial evidence is well founded.
    Appeal from District Court, Wharton County; M. S. Munson, Judge.
    Cornelius Lewis was convicted of theft, and he appeals.
    Affirmed.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Wharton county of the offense of the theft of certain hogs, and his punishment fixed at confinement in the penitentiary for a term of two years.

The record is before us without a statement of facts, and without bills of exception. Appellant reserved certain exceptions to the charge of the court, one of them being to the court’s failure to charge on circumstantial evidence; but, in the absence of a statement of facts, it is impossible for us' to know whether his complaint is well founded.

' The indictment is in proper form, and, finding no fundamental error in the court’s charge, the judgment of the trial court will be affirmed.  