
    RABON v. STATE.
    (No. 7755.)
    (Court of Criminal Appeals of Texas.
    May 23, 1923.)
    Criminal law <©=5(090(16), 1097(6) — In absence of bills of exception and statement of facts, denial of new trial for new evidence not disturbed.
    There being no bills of exception or statement of facts, overruling of controverted motion for. new trial for newly discovered evidence, on which evidence pro and con seems to have been heard, cannot be disturbed.
    Appeal from District Court, limestone County; A. M. Blackmon, Judge.
    Willie Rabón was convicted of manslaughter and denied new trial, and he appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district' court of Limestone county of manslaughter, under an indictment charging murder, and his punishment fixed -at two years in the penitentiary.

There are neither bills of exception nor statement of facts in the record. Appellant filed a motion for new trial upon the ground of newly discovered evidence, which motion was controverted by the prosecution, and the evidence pro and con seems to have been heard by the learned trial judge, who thereupon made his order overruling said motion. In the absence of some showing that this action of the court below was erroneous, it will be approved.

Finding no error in the record, the judgment will be affirmed. 
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