
    LEACH v. STATE.
    (Court of Criminal Appeals of Texas.
    Dec. 17, 1913.)
    Criminal Law (§§ 1090,1097) — Appeal—Record — Statement of Facts in Bill of Exceptions.
    Absent a statement of facts and bills of exceptions, grounds in the motion for new trial, complaining of the rejection of evidence, of the failure of the court to charge, and based on newly discovered evidence, cannot be reviewed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2653, 2789, 2803-2822, 2825-2827, 2862, 2864, 2926-2928, 2934, 2938, 2941, 2947, 2948: Dec. Dig. §§ 1090, 1097.]
    Appeal from Criminal District Court, Dallas County; Robt B. Seay, Judge.
    Aaron Leach was convicted of burglary, and he appeals.
    Affirmed.
    C. E. Lane, Asst Atty. Gen., .for the State.-
    
      
      For other oases see same-topic and section NUMBER in Deo. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   DAVIDSON, J.

Appellant was convicted of burglary, his punishment being assessed at two years’'confinement in the penitentiary.

The record is before us without a statement of facts or bills of exception. The first, second, and third grounds of the motion for a new trial refer to the rejection of testimony, and cannot be considered in the absence of the statement of facts and bills of exception. The fourth ground alleges error on the part of the court in not charging on circumstantial evidence. Because the evidence is not before us, this matter cannot be revised. The fifth ground refers to newly discovered evidence. In the absence of the statement of facts, we cannot tell whether this ground presents error or not.

As the record is presented to us, the judgment is affirmed.  