
    FISHER v. STATE.
    (No. 4665.)
    (Court of Criminal Appeals of Texas.
    Oct. 31, 1917.)
    Criminal Law <§=^1124(3) — Appeal—Record —Matters Presented eos Review.
    The denial of a motion for a new trial for newly discovered evidence cannot be considered on appeal, where the evidence is.not brought up.
    Appeal from District Court, Ft. Bend County ; Samuel J. Styles, Judge.
    Marcus Fisher was convicted of murder, and he appeals. .
    Affirmed.
    E. B. Hendricks, Asst Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted of murder, his punishment assessed at ten years’ confinement in the penitentiary.

The record is without statement of facts-as well as without bills of exception. So far as we can ascertain from' the record, there was no error committed. The motion for new trial sets up the fact that there was newly discovered testimony. It is unnecessary to undertake to discuss that question without the evidence.

The judgment is affirmed.  