
    (85 Tex. Cr. R. 247)
    LINTHECUM v. STATE.
    (No. 5372.)
    (Court of Criminal Appeals of Texas.
    April 23, 1919.)
    1. Criminal Law <§=>1144(½) — Appeal — Statement of Facts — Presumption.
    In absence of statement of facts, it would be presumed on appeal that action of lower court was correct.
    2. Criminal Law <§=>1097(6) — Appeal — Statement oe Pacts — New Trial.
    Assignments in motion for new trial cannot be reviewed on appeal, in the absence of statement of facts.
    3.Criminal Law <§=>1094 — Appeal—Disposition.
    Where there is no bill of exceptions, or statement of facts, and there is no apparent error, the judgment will be affirmed.
    Appeal from Criminal District Court, Dallas County; R. B. Seay, Judge.
    Proceedings between the State of Texas and Otto Rinthecum. The latter appealed.
    Affirmed.
    E. A. Berry, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

In this case the record is before us without any bill of exceptions or any statement of facts. We find in the record a special charge requesting the court to peremptorily instruct the jury to return a verdict of not .guilty. In the absence of a statement of facts we cannot tell whether the action of the court was correct or not, hut our presumption necessarily is that it was. '

There are various assignments in the motion for new trial, but we cannot review same in the absence of such statement.

No errors being apparent, the judgment of the trial court is affirmed. 
      <§=>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     