
    CRISMAN v. STATE.
    (No. 7643.)
    (Court of Criminal Appeals of Texas.
    Feb. 14, 1923.)
    Criminal law <&wkey;l 144(17) — Where no bills of exception or statement of facts, court will presume facts justified heaviest penalty.
    On appeal from a conviction for burglary, the Court of Criminal Appeals will presume the existence of facts to justify assessing the heaviest penalty permitted upon' conviction for ordinary burglary, where no bills of exception nor statement of facts appeared.
    Appeal from District Court, Grayson County; P. E. "Wilcox, Judge.
    Albert Crisman was convicted of burglary, and lie appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Upon conviction for burglary, punishment was assessed against ap--pellant at 12 years in the penitentiary.

No bills of exception appear in the record, and no statement of facts accompanies the transcript. Nothing is before us for review. Notwithstanding the heaviest penalty permitted upon conviction for ordinary burglary was assessed against appellant, we must presume the facts justified it.

The judgment must be affirmed.  