
    HORTON v. STATE.
    (No. 3329.)
    (Court of Criminal Appeals of Texas.
    Nov. 11, 1914.
    Rehearing Denied Nov. 25, 1914.)
    Criminal .Law (§ 1114) — Appeal—Statement of Facts.
    Where the record contains no bill of exceptions and no statement of facts, and where the indictment charges the offense of which defendant was convicted, there is nothing presented for review.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2918, 2921; Dec. Dig. § 1114.]
    Appeal from Dallas County Court, at Law; W. F. Whitehurst, Judge.
    Bert Horton was convicted of unlawfully carrying a pistol, and he appeals.
    Affirmed.
    Harmon & Harmon, of Dallas, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. ICey-No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was convicted of unlawfully carrying a pistol, from which judgment of conviction he prosecutes this appeal.

However, in the record there are no bills of exception, and no statement of facts accompanies the record. Under 'such circumstances, as the indictment charges the offense of which he was convicted, there is nothing presented for review. There are questions presented in the motion for new trial, which would indicate that appellant’s defense was that he had purchased the pistol and was carrying it home, which issue the court did not present to the jury. But without the evidence heard on the trial, we cannot say that the court erred in not doing so.

The judgment is affirmed.  