
    WHARTON v. STATE.
    (No. 6915.)
    (Court of Criminal Appeals of Texas.
    April 26, 1922.)
    Criminal law &wkey;l090(!6), 1144(10, 13) — Motion for new trial not considered, in absence of bills of exception and statement of facts; trial presumed regular and evidence sufficient.
    Errors alleged in a motion for a new trial cannot be considered, in absence of bills of exception and a statement of facts, and the trial will be presumed regular and the verdict justified by the evidence.
    Appeal from District Court, Potter County ; Henry S. Bishop, Judge.
    Wiley Wharton was convicted of aggravated assault, and he appeals.
    Affirmed.
    E. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Upon trial under an indictment charging assault with intent to rape, appellant was convicted of an aggravated assault, and his punishment assessed at a fine of $100 and imprisonment in the county jail for one year.

The record is before us without statement of facts or bills of exception. Many alleged errors are set up in the motion for new trial, none of which can be considered by us, in the absence of verification by bills of exception, and in the absence of a statement of the facts. The charge submitted to the jury only the issue of aggravated assault, and is applicable to a case provable under tbe indictment. In the condition of the record we must presume the trial was regular, and that the evidence was sufficient to support the verdict.

The judgment of the trial court is affirmed.  