
    COLE v. STATE.
    (No. 6449.)
    (Court of Criminal Appeals of Texas.
    Nov. 9, 1921.
    Rehearing Denied Jan. 11, 1922.)
    Criminal law <S=»I094 — Where record shows no error, and no facts or bill of exceptions, judgment will be affirmed.
    Where the record reveals no error, and contained neither statement of facts nor bills of exceptions, the judgment will be affirmed.
    Appeal from Criminal District Court, Dallas County; C. A. Pippen, Judge.
    Will Cole was convicted of burglary, and he appeals.
    Affirmed.
    P. C. Short and Howard H. Dailey, both of Dallas, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

Conviction is for the offense of burglary; punishment fixed at confinement in the penitentiary for a period of two years.

The record revealing no fundamental error and containing neither statement of facts nor bills of exceptions, it is the duty of the court to affirm the judgment, which is accordingly done.

On Motion for Rehearing.

HAWKINS, J.

Appellant urges in his motion for rehearing many things which cannot be considered, because not properly before us by bills of exceptions. He alleges that a motion will be filed in this court for writ of certiorari to bring up a complete record, and prays the court not to act on the motion 'for rehearing until the request for certiorari is presented. He fails to state in what particular the record is incomplete. Such record as we have before us was filed in this court on July 11, 1921. There is no excuse for counsel not knowing the condition of the record long before the case was submitted in the first instance. The opinion was delivered November 9, 1921. Two months have elapsed since then, and still no application for certiorari has been filed. This court cannpt countenance delays of such character, and will not withhold action under the circumstances.

Motion for rehearing is overruled. 
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