
    McKENNON v. STATE.
    (No. 6712.)
    (Court of Criminal Appeals of Texas.
    March 8, 1922.)
    Criminal law &wkey;>! 182 — Affirmance in absence of statement of facts andi bill of exception, indictment and charge being correct.
    There being no statement of facts or bill of exceptions, and the indictment 'seeming to correctly charge the offense, and the charge presenting the issues of law applicable thereto, the judgment of conviction fixing punishment at a term authorized"by statute will be affirmed.
    Appeal from District Court, De Witt County;' John M. Green, Judge.
    Lee McKennon was convicted of - burglary with firearms, and appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of .De Witt county of burglary with firearms, and his punishment fixed at 50 years in the penitentiary.

Appellant was indicted for burglary of a private residence by the discharge of a shotgun into same, with the alleged intent of hilling a person then in said private residence. The punishment fixed by statute for burglary of a private residence is by confinement in the peniteniary for any term of years not less than five. The record is before us without a statement of facts or any bill of exceptions, and the indictment seems to correctly charge burglary of a private residence as aforesaid. The charge of the court presented the issues of law applicable to said offense. There appearing no error in the indictment, or in the charge of the court, and there being before us nothing else for our consideration, the judgment of the trial court will be in all things affirmed.  