
    LANCASTER v. STATE.
    (Court of Criminal Appeals of Texas.
    June 21, 1911.)
    Criminal Law (§ 1090*) — Apfeal and Error —Affirmance.
    Where the record in a criminal appeal contains neither a statement of facts nor bill of exceptions, the judgment will be affirmed without a consideration of the grounds of error, assigned in the motion for new trial, that the verdict was against the law and the evidence, and that the penalty affixed was excessive, considering defendant’s physical condition.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2803-2861; Dee. Dig. § 1090.*]
    Appeal from District Court, Houston County; B. H. Gardner, Judge.
    Jesse Lancaster was convicted of aggravated assault, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   PRENDERGAST, J.

The appellant was indicted for murder of Grover Hale, and convicted of aggravated assault, and his penalty fixed at a fine of $250 and six months’ confinement in the county jail.

There is neither a statement of the facts nor bill of exceptions in the record. The motion for new trial contains two grounds: First, because the verdict is not in accordance with the law and the evidence; second, that the penalty affixed is excessive, owing to the physical condition of the defendant. Neither of these grounds can be considered by us, in the absence of a statement of facts or bill of exceptions. The charge of the court on the subject of aggravated assault is correct and apt, and is not complained of.

The judgment is therefore affirmed.  