
    LUCAS v. STATE.
    (No. 5477.)
    (Court of Criminal Appeals of Texas.
    Oct. 22, 1919.)
    Ceiminal law <&wkey;1090(16) — Bills of exception NECESSARY.
    Matters stated as grounds of a motion for a new trial cannot ■ be considered on appeal, unless perpetuated by bills of exception.
    Appeal from District Court, Galveston County; H. C. Hughes, Judge.
    J. C. Lucas was convicted of rapt, and appeals.
    Affirmed'.
    B. A. Berry, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J:

Appellant was convicted of rape on a girl within the statutory age under- which rape could be committed with or without force, and with or withput consent.

The motion for a new trial and the amended motion for a new trial are based upon the alleged error of the court in two respects in the admission of testimony. These are stated simply as grounds of the motion, and are not perpetuated by bills of exception. In this attitude of the record, the matters cannot be considered.

The judgment will therefore be affirmed.  